View Single Post
 
Old 02-04-2014, 07:54 PM
moucheur2003's Avatar
moucheur2003 moucheur2003 is online now
Senior Member
 
Join Date: Feb 2011
Location: Boston, Mass.
Posts: 2,691
moucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant futuremoucheur2003 has a brilliant future
Default Re: What are you getting when buy riverfront property?

Quote:
Originally Posted by national rivers View Post
If navigable rivers are legally open to the public (under federal law), what are you getting when you buy riverfront property? This was a question that came up in another thread, so we made a blog to discuss this in more detail for those who are interested. Enjoy!
The federal public right in navigable waters does not necessarily extend beyond the right to float a boat on the surface of the water. In most states you would be getting at least the right to prevent access across your property to the water. In many states you would also get the exclusive right to use the bank and shoreline that you own, and in states where riparian ownership extends to the submerged land under the water surface you would also get the exclusive right to wade on the river bottom.

There is also some old case law from the days of log drives, providing a public right to use the riverbed and shore to the limited extent necessary for transporting goods (for example, to prevent or clear logjams), but log drives are rarely conducted any more, and those precedents would not necessarily extend to uses of the shore or riverbed for any purpose other than facilitating water-borne transportation (for example, they would not necessarily allow recreational use).
Reply With Quote