Quote:
Originally Posted by Little Bear
Technically, you are not correct. Property owners do have "exclusive" rights to the water in front of their properties that the general public does not have. For instance, a property owner has the exclusive right to "wharf out" in front of their property, whereas the public has no right whatsoever to "wharf out" in front of privately owned land. Here's a good document that describes these Riparian Rights.
https://www4.des.state.nh.us/blogs/l...Hampshire3.pdf |
"Riparian Rights" is a general category of many legal ideas, in some of which it may be more appropriate than others to use the term "right." The water front land owner has the right to make a request to put a dock in because of his ownership of property that is on the water, but there is no right to install a dock (a piece of personal property) in an area (the lake) that is not owed by the property owner. There is a privilege that is granted by the state, subject to rules and restrictions that the state has put in place and enforces. Not every water front owner will be allowed to install a dock, and those that will be allowed to do so must comply with all applicable rules.
The above is in contrast to the right of any person to navigate the public waters, and to anchor anywhere on the public waters, without first being required to obtain a permit in order to do so, unless there is a specific prohibition against doing so.