Water Rights

Water rights are one of the interests that may attach to real estate ownership, and pertain to the rights to use adjacent bodies of water. Riparian rights are awarded to land owners whose property is located along a river, stream or lake. Typically, landowners have the right to use the water as long as such use does not harm upstream or downstream neighbors. In the event the water is a non-navigable waterway, the landowner generally owns the land beneath the water to the exact center of the waterway.

Littoral rights pertain to landowners whose land border large, navigable lakes and oceans. Landowners with littoral rights have unrestricted access to the waters but own the land only to the median high-water mark.

After this point, the land is owned by the government. Water rights are appurtenant, meaning they are attached to the land and not to the owner. In other words, if a ocean front property is sold, the new owner gains the littoral rights; the seller relinquishes his or her rights.