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For those real estate agents and professionals that work in areas where there are bodies of water the term Riparian comes up quite a bit.  No, it is not a person but rather a set of rules, regulations and rights that owners have when owning a home or property that is located on the water’s edge.

There are several categories of Riparian Rights and each is unique to given situations.  If you are buying property that is on the water or even close to a body of water these are items that you should be aware of.  A good real estate professional will normally make sure that you understand your rights when it comes to ownership of property against a body of water.

The first item to understand are the rights owners have with property that is up against a body of water where traffic and navigation are present.  In the state of North Carolina, when a property is bordering a navigable body of water the land directly below the surface of the water does not belong to the property owner but rather the state.  The property owner does however have the rights to the banks of the water, and the state does allow for easements for the purposes of piers and so forth as long as they do not interfere with the normal flow of traffic and navigation on the water.

The second item to know is the rights owners have when the property is up against a body of water that is non-navigable, meaning that regular traffic does not occur here and the body of water is usually a small lake stream or river.  In this case the property owner would hold full rights to that body of water both above and below the surface.  However, in the event that a body of water is shared along a property line, each owner usually owns to the middle of the body of water, unless other legal arrangements have been made.

If you own a property that is up against coastal waters, then you are referred to as a “littoral” owner and you own the property up to the water’s average high water mark. The area between the high and low tide water mark is known as the “Foreshore” and is owned by the state.  You are allowed to use the foreshore area for personal use as long as it does not interfere with public rights.

These are the main areas to be aware of when looking to buy a home or property that borders bodies of water.  Again, a good real estate professional will fully make you aware of all of the rights and regulations having to do with Riparian and water rights.

Tim Brown
Owner/Broker, Realtor®, ABR,CRS,CDPE®
Auctioneer NCAL#8560
Hines & Associates Realty
TeamHeidi
Direct Line: 704-619-1008
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www.CarolinaHomes4Sale.com