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Old 08-16-2017, 07:46 AM   #21
winni83
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Little Bear is correct.

I believe that the correct term with respect to lakes and ponds is “littoral rights”. The NH Supreme Court has correctly stated that these are in fact rights and not privileges. There is no ambiguity whatsoever.
“While the title of the State to the bed of the lake extends to the natural high water mark, the defendant and other littoral owners have rights which are more extensive than those of the public generally. Littoral owners may use the lakes and public waters in front of the property for recreational and other similar purposes in a more extensive manner than those who enjoy the rights to use the lake and public waters only as members of the public. “ 105 A.2d 569, 99 N.H. 92, State v. George C. Stafford & Sons, Inc., (N.H. 1954)

“It is clear, therefore, that although waters of great ponds are public waters, littoral owners nevertheless have private property rights which are separate from, independent of, and more extensive than the public's right. Because these littoral rights are an incident of ownership of shore property, their value is reflected in the fact that shorefront property commonly is substantially more valuable than property otherwise situated.” 409 A.2d 1315, 119 N.H. 839, Sundell v. Town of New London, (N.H. 1979)”
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