Property dispute on center line of creek

R

Randy moser

New Member
In New York is the property line in middle of the creek bed or in middle of the flow of the water? Property line is middle of the creek with no easements or restrictions
Property has a wide creek bed and most of the rock is smooth so in most sections the water flows freely. The section of creek in question, the water flows only near the other owners side of the land very rapidly down a small fall into a large water hole. The rest of the creek bed in this section only gets water ( maybe and inch) if it rains significantly. Do riparian rights apply? They claim ownership of the swimming hole all of a sudden and said we cant get in it but after researching it seems like we may have rights to use it and the center may be the center of the flow of water? help please :)
 
Randy moser said:
They claim ownership of the swimming hole all of a sudden and said we cant get in it but after researching it seems like we may have rights to use it and the center may be the center of the flow of water?
Click to expand...

"Seems" like you "may" have rights to use it? Then use it and see what happens or hire a lawyer to respond to the claim.
 
Randy moser said:
In New York is the property line in middle of the creek bed or in middle of the flow of the water? Property line is middle of the creek with no easements or restrictions
Property has a wide creek bed and most of the rock is smooth so in most sections the water flows freely. The section of creek in question, the water flows only near the other owners side of the land very rapidly down a small fall into a large water hole. The rest of the creek bed in this section only gets water ( maybe and inch) if it rains significantly. Do riparian rights apply? They claim ownership of the swimming hole all of a sudden and said we cant get in it but after researching it seems like we may have rights to use it and the center may be the center of the flow of water? help please :)
Click to expand...

Riparian rights can change over time and boundary lines can move. It is a complex doctrine that you would need an attorney to sort through your situation.

I suggest that you familiarize yourself with the terms accretions and relictions.

Reliction is when land is exposed due to a natural process that results in the withdrawal of water, such as when a river channel dries up. Accretion occurs when soil and gravel are deposited on a river bank, resulting in a gradual increase in a land area through natural means.
 
What does your property deed say about that boundary line? Do you have a local ordinance that addresses property lines along waterways?
 
 

Ask a Question

Create new topic

Share this page

Get a free case review from a lawyer
Back
Top