Winnipesaukee Forum - View Single Post

Skip · 08-17-2004, 04:50 PM

A little background for those of you following this thread.

Lake Winnipesaukee, by statute, is a public water.

Any and all individuals (including abutting land owners) have equal access to the Lake up to the high water mark with land.

Now, FJ cites his "over-riding" littoral rights as a landowner.

Actually, the use of the word "right" in this case is a misnomer.

He should have used the term "littoral privilege"...

The State has control of the waters in front of FJ's home, and therefore can allow him the privilege to construct a swim line, post a mooring or build a dock or float. The ability to do this as an abutter is a privilege, not a right. In certain instances the State can control access and anchoring...which it does on a very limited basis.

And that is the key difference FJ. You do not have a "right" to do these things, but you do have a "privilege" granted you over others as a land abutter. That privilege is granted by the State (the people) and can subsequently be revoked by the State (the people).

That said, the Lake remains the property of all the people, regardless of your "privileges" as noted above.

For example, as has been previously detailed, anyone can swim within a granted swimline. If the area is not restricted, anchoring is allowed up to the high water mark.

Once again, the Lake is the property of all the people.

The State also has a responsibility to ensure that the landowner has equal and unimpeded access to his/her property, and the landowner has the same right to use the Lake in front of his home as a visitor does.

That said, an abutter cannot use a swim line, or a float or even a mooring as a tool to deny equal access to any other individual to the waters of the Lake. If he does, then the people can petition the State to remove those privileges granted to the landowner.

The only right here is the right of all the people to enjoy an entity that belongs to everyone.

Hope this helped explain it a little better,

Skip

08-17-2004, 04:50 PM	#13
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	Littoral rights..... A little background for those of you following this thread. Lake Winnipesaukee, by statute, is a public water. Any and all individuals (including abutting land owners) have equal access to the Lake up to the high water mark with land. Now, FJ cites his "over-riding" littoral rights as a landowner. Actually, the use of the word "right" in this case is a misnomer. He should have used the term "littoral privilege"... The State has control of the waters in front of FJ's home, and therefore can allow him the privilege to construct a swim line, post a mooring or build a dock or float. The ability to do this as an abutter is a privilege, not a right. In certain instances the State can control access and anchoring...which it does on a very limited basis. And that is the key difference FJ. You do not have a "right" to do these things, but you do have a "privilege" granted you over others as a land abutter. That privilege is granted by the State (the people) and can subsequently be revoked by the State (the people). That said, the Lake remains the property of all the people, regardless of your "privileges" as noted above. For example, as has been previously detailed, anyone can swim within a granted swimline. If the area is not restricted, anchoring is allowed up to the high water mark. Once again, the Lake is the property of all the people. The State also has a responsibility to ensure that the landowner has equal and unimpeded access to his/her property, and the landowner has the same right to use the Lake in front of his home as a visitor does. That said, an abutter cannot use a swim line, or a float or even a mooring as a tool to deny equal access to any other individual to the waters of the Lake. If he does, then the people can petition the State to remove those privileges granted to the landowner. The only right here is the right of all the people to enjoy an entity that belongs to everyone. Hope this helped explain it a little better, Skip Last edited by Skip; 08-17-2004 at 05:29 PM. Reason: clarify the clarifications!