Access—The Essence
of Riparian Rights (2 of 3)
What Are Riparian Rights? (Continued)
The English common law recognizes that the title to property abutting navigable
waters includes special rights. These rights arise by implication and do not
need to be mentioned in a deed. Interpreted broadly, they include
- Access to the water
- The right to wharf out
- The right to acquire accretions
- The right to fill
- The right to continued flow
- The right to preservation of the view of the water
The right of access to the water is the "first and most basic right
of the riparian owner," under which other riparian rights are created
and protected. The right of access
- Ensures the riparian owner's "right to be and remain a riparian
proprietor"
- Protects the riparian owner's ability to reach the navigable portions
of adjacent waters without unreasonable impediment
- Supports the riparian owner's right to wharf out
- Includes the right to erect structures in aid of navigation
- Underlies the riparian owner's right to take title to lands that accrete
beyond the mean high water mark (because, if such lands did not join those
of the riparian, the owner's access to navigable waters could be
cut off)
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