White Paper

5 Pages
  • 5 Pages

Accessing Navigable Water: Allocation of Riparian Rights Among Landowners


Riparian rights exist only in navigable waters.

Navigable waters generally consist of streams, rivers, gulfs, and bays. And in some cases, waterways are considered to be navigable if it can be used for public reasons including recreational use. Waterfront property owners hold riparian rights to access the navigable water, as well as the right to use their upland property and the right to a waterfront view. This white paper reviews riparian rights and the public trust doctrine, and the right to wharf out to navigable water; as well as apportionment of riparian rights and determining riparian lines.



Caroline R. Nichols, Esq.

Jimerson Birr, P.A.

Caroline Nichols represent lenders, business owners, real estate developers, and builders with contract formation and the acquisition, divestment, development, financing, and leasing of commercial real property, and with real estate issues in business mergers and acquisitions.

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