Littoral rights are the rights and obligations that come with owning land that borders a large or non-flowing body of water, such as a lake, sea, or ocean. These rights allow the landowner to have access to and use the shore and water, but they also impose some limitations and responsibilities. In this article, we will explain what littoral rights are, how they differ from riparian rights, and what some common issues and disputes involving littoral rights are.
What are Littoral Rights?
Littoral rights are a type of water right that is attached to the land, not to the owner. Littoral rights go with the land, not the owner. They come from common law or state laws and differ by place and water.
Littoral rights generally include:
- The right to access and use the water for recreational purposes, such as swimming, boating, fishing, or sailing.
- Right to wharf out to navigable water, which means to extend a pier or dock from the shore to deeper water where boats can dock.
- The right to accretion is the gradual increase of land due to natural deposits of soil or sand by the water.
- A right to erosion, which is the gradual loss of land due to natural forces of water or wind.
- The right to view, which is the right to enjoy an unobstructed view of the water from the property.
Littoral rights also entail:
- Sharing shore with others, who may access it.
- The obligation to respect the rights of other littoral owners and not interfere with their use and enjoyment of the water.
- Following rules for environment, zoning, building, and safety.
How do Littoral Rights Differ from Riparian Rights?
Riparian rights are water rights for land near rivers or streams. They are like littoral rights in some ways, such as water recreation. However, riparian rights also include:
- The right to use a reasonable amount of water for domestic or commercial purposes, such as irrigation, livestock watering, or power generation.
- The right to natural flow is the right to receive and return water without significant alteration in quantity or quality.
- Right to priority, which is the right to use water according to a system of seniority based on when the riparian property was acquired.
Riparian rights do not include:
- Wharfing outright is not needed for riparian owners.
- Accretion or erosion right is rare for riparian owners.
What are Some Common Issues and Disputes Involving Littoral Rights?
Littoral rights depend on various factors, such as water levels, shorelines, access, or government. These factors can cause disputes or lawsuits among different parties. Some examples of common issues and disputes involving littoral rights are:
- Determining the extent and location of littoral property and boundaries, especially when they are affected by accretion or erosion.
- Resolving conflicts over wharfing out rights and structures on or near the water, such as piers, docks, boathouses, or seawalls.
- Balancing the interests of littoral owners and the public regarding access to and use of the shore and water.
- Defending littoral owners from government interference.
- Preserving the natural resources and environment of littoral areas from pollution, overdevelopment, or degradation.
Conclusion
Littoral rights are water rights for land near lakes or seas. They give littoral owners some advantages and duties on the shore and water. Littoral rights also differ from riparian rights, which apply to properties that border flowing water bodies. Littoral rights may be subject to various issues and disputes that require legal advice or intervention. Therefore, littoral property owners or buyers should consult with a qualified real estate agent.
