Owning property on a lake is a truly wonderful thing. From the expansive views and sound of lapping water it provides to the easy access to warm weather outdoor activities such as swimming, boating and more.
It also, however, can come with its fair share of new challenges to navigate that don’t exist for non-waterfront landowners or someone who is visiting a local access point or is a guest of friends and family.
One of those challenges is understanding what the boundaries of your property are and what you are legally able to do with your land, your shoreline and the water in front of your property.
Any landowner who owns real estate that abuts a body of water needs to understand these rights, referred to as “riparian rights” or “littoral rights” more specifically. These rights govern what the law considers allowable under ownership in terms of usage and enjoyment of the shore and water within the property’s lot lines. Examples of things governed by these rights are shoreline maintenance, dock installation and watercraft placement.
Riparian vs. Littoral
Definition of the Words
First things first, you’ve probably seen these rights referred to in a couple of different ways, namely as riparian rights or littoral rights. So, what’s the difference between the two? Let’s start with the roots of the words.
The meaning of riparian is defined as “of, relating to, or situated or dwelling on the bank of a river or other body of water” while the meaning of littoral is defined as “of or relating to the shore of a lake, sea, or ocean” according to the dictionary.
If those definitions seem similar or overlapping to you, you’re not alone, but there are a few differences to note. At their roots, riparian refers to moving water like rivers, streams and creeks while littoral refers to static bodies of water like lakes, oceans and seas.
An easy way to remember the difference between the two is that “Riparian” and “River” both start with the letter “R” and “Littoral” and “Lake” both start with the letter “L”!
Modern Word Usage
Despite the words having distinct meanings, you will likely see the word “riparian” used with much higher frequency than “littoral” when it comes to the topic of waterfront landowner rights.
In recent times when it comes to water law, the word “riparian” is commonly used as a catch-all for all rights concerned with property adjacent to a body of water, whether static like a lake or flowing like a river.
Similarly, you’ll see the word “littoral” used more heavily in the context of the military and combat ships used out as sea or marine sciences relating to the coastal shore zone between high and low tide.
Riparian Water Rights
General Theory
The letter of the law states that anyone who owns waterfront property (also known as “riparian owners”) has the right to access and make reasonable use of the water that runs through, or adjacent to, their property, as well as its shoreline.
Riparian water rights seek to expound on the term “reasonable use” and ensure that in cases of multiple users, there is no encroaching and usage is allocated appropriate proportionally. This is important as most recreational bodies of water are densely populated and frontage is a hotly contested commodity.
There is also concern that individual owners rights can impact public use and riparaian doctrine prevents riparian owners from overstepping their bounds.
Reasonable Use
The general rights afforded to riparian owners that are considered to be “reasonable use” include:
- Access to the water for domestic purposes or recreational purposes, like swimming, boating or fishing.
- The ability to construct a dock, wharf or pier of temporary or permanent nature or place boat lifts in their waterspace to improve their access to water
- Protection of their property through shoreline maintenance
"No One Owns the Water"
It’s likely you will hear the statement that “no one owns the water” while researching riparian rights or if you are experiencing a conflict. This statement is accurate, although often misconstrued.
In Wisconsin, anyone is able to recreate in a public body of a water (like a named lake or river) in order to boat, swim, or walk “as long as they keep their feet wet” according to the Wisconsin DNR. Everyone has the right to use public water bodies to swim, boat, or walk as long as they “keep their feet wet.”
Water Allocation
Allocation is generally determined by frontage, i.e. the more frontage you have the greater your access is. Riparian rights also depend upon “reasonable use” as it relates to other riparian owners to ensure that the rights of one riparian owner are weighed fairly and equitably with the rights of adjacent riparian owners.[3]
what are the typical rights afforded to waterfront landowners
what are the typical rights afforded to waterfront landowners
lthrow in qutoes and links from government documentation
states
which states have rights
focus on wisconsin but also minnesota and michigan
states
When there is conflict
disputes between public usage andp rivate owners typically favors the public
