high water mark

[qwer]

What is the name of your state?New York Vacant land upstate NY has wording in the deed where the property goes to the high water mark . No mention is made of the river rights , but the property line as stated goes to the high water mark but not into the water. does this property have a legal right to enter the river? The ajoining property has deeded wording going across the river meeting this same high water mark. Thanks, Nick

 

[jimmler]

What is the name of your state?New York Vacant land upstate NY has wording in the deed where the property goes to the high water mark . No mention is made of the river rights , but the property line as stated goes to the high water mark but not into the water. does this property have a legal right to enter the river? The ajoining property has deeded wording going across the river meeting this same high water mark. Thanks, Nick

The answer is "it depends". Your question is very specific to the deed language, State laws and what type of waterway the property adjoins. You may want to call a registered land surveyor in your state and ask them if they know the answer, and if they don't ask them for names of real estate attorneys in your state that have experience with riparian issues.

In order to answer your question, they will need to review the deed and research the status of the waterway.

 

[nextwife]

Also, in many states, control of the actual water ways is under the auspices of the State Department of Natural resources. It is possible they may have regulations which also control issues of points of access, especially where pemanent structures, such as docks are concerned, or grading for boat trailors.