When you look at a beautiful stretch of waterfront property, what do you see? Boat docking paradise? Great spot to fish from? Sunset watching central? Definitely.
Riparian rights? Maybe not.
The next time you cruise down to the pier, you will know that a “riparian landowner” owns land bordering upon or in contact with a body of water, such as a river, bay, or running stream.
For an Association, this can be critically important information. You may have rights or obligations that are unclear to you, and owners might try to take advantage or unintentionally infringe on your rights. Stay alert.
Owning waterfront property in Maryland entitles one to certain rights. Here are the main categories to know:
Access to the Water
In Maryland we love our boats. Fishing, crabbing, waterskiing, or sailing all take us out on the water, and a riparian landowner has the right to use the adjacent water for all these purposes. The right of access also grants the ability to keep anyone from blocking one’s view of the water. This right does have limitations, however; it can be encroached upon by a neighboring pier, or transferred to a community association, or otherwise impeded.
To Build a Wharf or Pier into the Water
Along with using the water, riparian owners have the right to build into the water. Piers and wharfs are subject to many county and state regulations, but the riparian owner still has broad ability to construct such an addition to increase the use of and access to the adjacent water. Note that this right does not allow an owner to encroach on another owner’s riparian rights. You may not be surprised to learn that this is often the subject of significant legal battles.
Use of the Water without Transforming It
In a classic lawyer catchall, Maryland courts have held that riparian owners can use the water for other general purposes so long as they do not “transform” it. Ask three different lawyers what that means, and you are certain to get three different answers.
Consume the Water
This is not legal advice, but I recommend that you not drink the Bay water.
Accretions and Alluvium
In case you don’t have your Black’s Law Dictionary handy, accretions and alluvium are the land that gets added (either above or below the water) by the gradual addition of silt, soil, or minerals to the land. So if your beachfront gradually grows over time, that land is all yours. And riparian owners also have the right to take reasonable steps to prevent the opposite process – erosion – from diminishing their property.
Ownership of the Subsoil of Nonnavigable Streams
The title to land under navigable water is held by the State of Maryland; the federal government has a right to protect navigation in the navigable waters. But in smaller streams or side channels not navigable by any craft, the riparian owner holds title to the bed below the water. Discussion of what constitutes “navigable” could fill this page a hundred times over, but the takeaway here is that riparian owners may have rights under the water adjacent to their property as well.
Reservation of Riparian Rights
When a piece of waterfront real property is conveyed, there is a strong presumption that the riparian rights go with it. However, the conveying owner can, by an express reservation of rights, retain the riparian rights for any purpose. This is one of those areas where some “magic words” make all the difference; a poorly drafted deed or contract can lead to disastrous consequences. Consult your attorney to be sure that the document says what you want it to say.
Riparian Rights Review
The rights of property owners are often described in the law as a “bundle of sticks,” with each individual stick representing a right held by the owner that can be defined, removed, transferred, and protected. Riparian rights are an eclectic bundle of sticks – they vary widely in size and strength, and sometimes seem entirely unrelated to one another. They are also fiercely protected by the law. Knowing a few key facets of those rights can greatly add to an owner’s enjoyment of the water, and can preserve and protect those rights for the benefit of an Association .