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Question about water ROW

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Ummonx

Member
What is the name of your state?CT

Got an interesting question. any answer is more for my own curiosity then to take legal action

I own property bordering a navigatable river (small boats canoes etc). In addition I own part of an island about 3/4 accross the river. On the tax map, it shows my borders going though the river and around the island. (yes I know I need a survey, but lets just assume that the map is accurate for now).

The title to the property has No ROW provisions. my question is, is there some sort of natural ROW for rivers or do I "own" that part of the river. Could I keep fisherman or boaters off that part of the river?

Not that I would, I am just curious.
Thanks
 


BelizeBreeze

Senior Member
The river is owned by the state or U.S. government entity such as Natural Resources. Just as on beachfront property or if you lived on the Mississippi and owned an island 100 ft from your property.

You can keep people off the island but not the water.
 

Ummonx

Member
thank you,

How about non navigatable streams? or is this a really complicated issue.

again, its simply for my own curiosity
 

BelizeBreeze

Senior Member
Ummonx said:
thank you,

How about non navigatable streams? or is this a really complicated issue.

again, its simply for my own curiosity
Check your state water conservation department, wildlife department or the department of natural resources.

Streams are not so classified, however if it's on the list of state water resources, the same applies.
 

nextwife

Senior Member
And look at your legal description on the title policy. In many cases, YOUR property along a navigable waterway is described as being "....that LAND above the high water mark...." meaning that they only insure that you own what lies above the water
 

skyspirit

Member
I think if it were me, I would check with the Army Corps. of Engineers. I believe they have juristiction over "waters of the state". I think that you may be able to keep people off of the island, but not the water also.

Many riverbeds and the like are natural wetland areas--some with Federal classification. That's why I think the Army Corps. would be a good place to start. Look them up online and check their maps.
 

Ummonx

Member
interestingly enough the deed simply refers to the "4.33 acres as shown on tax map #123" etc etc.

No reference to high water mark.

Interesting
 

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