What Are Riparian Rights?

When a premises to be insured abuts any body of water, Riparian Rights can be a serious consideration. Anyone purchasing such a property should be familiar with the way a title insurance company will address these matters.

The following is considered whenever any body of water abuts, crosses or lies within the boundaries of the premises to be insured.

No title is insured to any land lying below the present or any former high water line of said body of water.

Policy Excepts the riparian rights and easements of others to and over said body of water, but policy does not insure any riparian rights or easements in favor of the owner of the premises to be insured.

Policy Excepts the riparian rights of others to the natural flow and drainage of any creeks or streams which cross the described premises, but the policy does not insure that the owner of the premises herein has any right to drain through or otherwise use said body of water across adjacent land.

Basically, title insurance does not insure your rights from the shore and beyond. That does not mean that you do not have the same rights as others, it just means title does not insure those rights.

In addition to the aforementioned, when Navigable Waterways are abutting the premises, such as canal, river, bay or ocean the following is also considered.

Subject to the rights of the public to navigate the waters of said canal, etc.

Policy Excepts the right of the United States Government to establish harbor, bulkheads or pierlines or to change or alter any such existing lines and to remove or compel the removal of fill and improvements thereon, including buildings and structures, from land now or formerly lying below the high water mark of said canal, etc. without compensation to the insured.

Policy Excepts the rights of the United States Government, the State of New York and/or any of their departments or agencies to regulate and control the use of the piers, bulkheads, land under water and land adjacent thereto.

Policy Excepts the rights of the County of -------, Town of -------, and/or any of their departments or agencies to regulate and control the use of the piers, bulkheads, lands under water and lands adjacent thereto.

And when the Atlantic Ocean abuts the subject premises the following is considered.

Rights and Easements of the public to land lying between the high water mark of the Atlantic Ocean and the edge of sand dunes for the purpose of bathing, boating, fishing, passage and other activities.