![]() In such cases, there is an argument to use the rule for streams, rather than the rule for lakes. ![]() Problems have arisen when there is a detectable current in a lake or river. ![]() If the artificially pond has existed for many years, it can come to be considered permanent. If the pond is created by damming a stream, it is possible that the property underneath will continue to run to the former boundary. The Supreme Court considered the alternative in that case, and found it unworkable to attempt to project lot lines into a lake. This is a presumption, and may be modified by more explicit grants. Therefore, the boundary line is considered the low water mark. Lakes and ponds differ from streams in not have currents. See the discussion of accretion and avulsion, below. On the other hand, if the channel changes suddenly, the boundary remains where it was. If the current changes gradually, then the boundary line changes as well. Formerly, the law held that if the tide did not ebb and flow in the river, the boundary was the middle, but the Code changed that. 710, 492 S.E.2d 148 (1997)This provision is not applicable to ocean tidewaters, nor to any bay, estuary, or arm of the sea. ![]() Mere rafting of timber or transporting wood in small boats does not make a river navigable. The term "navigable stream" means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. If the boundary is a navigable river or stream, the boundary line only extends to the low-water mark of the riverbed. For example, if the deed states that the property line begins on the west bank of the Chattahoochee River from there eastward, that intention will control, and the deed would convey the entire riverbed. This is presumed to be the intent of the deed unless otherwise is specifically stated. Each property owner would control essentially half. If the boundary between two properties is a non-navigable stream, the property runs to the "thread" or center of the main current. Different rules also apply to the ownership of the waters issue, discussed below under Riparian Rights. Different rules apply to the different types of bodies of waters, as to how the boundary is ascertained. Water courses, such as streams, lakes, rivers, seas and so forth, are frequently used as boundaries. ![]() Water Boundaries- What Are Your Rights And Liabilities? ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |