![]() ![]() Gilbert, supra.įor non-navigable streams, the boundary line, as discussed above, goes to the thread of the stream. Non-riparian owners (i.e., owners owning land not adjacent to the water) can acquire the rights to water from riparian land, and water from riparian land can be used on non-riparian land (land not adjacent to water). Owners with property bordering on a watercourse generally have a right to reasonable use of the water itself, but not necessarily a right to go on the water. The question of water rights, that is, the right to use the water, is distinct, from the right to go on the water and boat, fish or swim. The natural flow cannot be diverted to, for example, create a new watercourse, but irrigation is a reasonable use. Riparian proprietors have a common right in the waters of the stream. In other words, every riparian owner is entitled to a reasonable use of the water in the stream, as it flows naturally across his property, subject to the disturbances caused by other owners' reasonable use of the water before it gets to him. Georgia's law of riparian rights is a natural flow theory modified by a reasonable use provision. Riparian rights refers to the rights of owners with property adjacent to streams, lakes and other waters. The State Department of Natural Resources determines the rights of coastal landowners for water access. That area is called the "foreshore" and is defined as the "strip of land that lies between the high and low water marks and that is alternately wet and dry according to the flow of the tide." Dorroh v. ![]() The general interpretation is that the area between high and low tide, including coastal marshes, is held by the state in trust for the public. This category of boundary includes bays, estuaries, harbors, marshes, beaches, tidelands and the open sea. The boundary would accord with the boundary of the submerged lands. If a lake or reservoir is created on particular persons' property, those persons own the bed of the lake, and can fence it off and exclude others. In such cases, there is an argument to use the rule for streams, rather than the rule for lakes. Problems have arisen when there is a detectable current in a lake or river. ![]() If the artificially pond has existed for many years, it can come to be considered permanent. If the pond is created by damming a stream, it is possible that the property underneath will continue to run to the former boundary. The Supreme Court considered the alternative in that case, and found it unworkable to attempt to project lot lines into a lake. This is a presumption, and may be modified by more explicit grants. Therefore, the boundary line is considered the low water mark. Lakes and ponds differ from streams in not have currents. See the discussion of accretion and avulsion, below. On the other hand, if the channel changes suddenly, the boundary remains where it was. If the current changes gradually, then the boundary line changes as well. MOVING DOCK LAKE LANIER CODEFormerly, the law held that if the tide did not ebb and flow in the river, the boundary was the middle, but the Code changed that. 710, 492 S.E.2d 148 (1997)This provision is not applicable to ocean tidewaters, nor to any bay, estuary, or arm of the sea. Mere rafting of timber or transporting wood in small boats does not make a river navigable. ![]() The term "navigable stream" means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. If the boundary is a navigable river or stream, the boundary line only extends to the low-water mark of the riverbed. For example, if the deed states that the property line begins on the west bank of the Chattahoochee River from there eastward, that intention will control, and the deed would convey the entire riverbed. This is presumed to be the intent of the deed unless otherwise is specifically stated. Each property owner would control essentially half. If the boundary between two properties is a non-navigable stream, the property runs to the "thread" or center of the main current. Different rules also apply to the ownership of the waters issue, discussed below under Riparian Rights. Different rules apply to the different types of bodies of waters, as to how the boundary is ascertained. Water courses, such as streams, lakes, rivers, seas and so forth, are frequently used as boundaries. Water Boundaries- What Are Your Rights And Liabilities? ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |