Riparian Rights and Land Surveying

Riparian rights, also known as littoral rights orhave the right to protect property from both
riparian water rights, is a system of allocatingflooding and erosion, these activities are often
water when multiple landowners possess landsubject to approval by various environmental
around the source of the water. With origins inagencies. Those with property next to a
English common law, Riparian rights exist in manywaterway also have the duty to allow the water
countries, including Canada and Australia, as well asto pass freely from one property to another,
many states within the United States, particularlywithout pollution or diversion affecting the rights
in the eastern half of the country.of other landholders. Landowners also have the
The general principle of riparian water rights holdsresponsibility to maintain the bed and banks of the
that all landowners with property adjacent to awatercourse, including keeping the area clear of
body of water (such as a lake or river) have thedebris or obstructions.
right to make reasonable use of this water. ThisDue to small frontage, some lots receive a very
not only includes water up to the boundaries of asmall portion of water allocation, perhaps not
submerged property line, but also additional rightsenough to make use of the water without conflict
to water beyond the property line. If the amountwith adjoining property owners. The configuration
of water is not enough to satisfy all landowners,of the shoreline can affect riparian rights. In some
allotments of the water are usually made incases, the entire waterway is apportioned, while in
proportion to the amount of land directly abuttingothers, only the water near the shore is
the water's source, or the shoreline. In general,apportioned. The method use depends on the size
those owning land adjacent to the waterway areof the lake or width of the waterway, among
also assumed to own the land up to the centerother factors.
point of the waterway, unless land deeds stateAn owner's riparian rights, along with title to land
otherwise. This, however, may not be true if thealong the river or lake, is dependent upon
waterway is navigable by boat. In this case, theaccurate knowledge of the property. Because
average low water mark is the line used towater flows can affect the course of the
determine land ownership. In many states, landshoreline over time, land surveys are often
below this mark belongs to the state government.required to determine the exact property
Riparian rights may include such activities asboundaries. In Public Land Survey System areas, a
swimming, boating, and fishing, the right to build aMeander Corner Monument or MC was set at
wharf out to a point of aquatic navigability, theeach point where a section line intersected a river
right to erect docks and piers and the right to useor lake. However, a survey of the coastline or
the water for household needs. The rights to thisshoreline area may show that there is more or
water cannot be sold or transferred, unless theless exposed land than seen on a previous map
adjoining land is also transferred. The wateror survey. Natural phenomena such as storms,
cannot be transported outside of the immediateparticularly hurricanes, can drastically change these
area.boundaries, affecting the applicable riparian rights
Although those living adjacent to a waterwayand often requiring a new survey.