ESSE 4670 Survey Law II: Analysis of Dry Lake Bed Ownership for Lot 22

This report analyzes a survey conducted on Lot 22, focusing on the discrepancy between the current water's edge and the registered high water mark in 1948, resulting in a dry lake bed. The primary question addressed is the ownership of this dry lake bed: whether it belongs to the shoreline landholder or the government. The analysis considers that the lake is public water and the lake bed is government-owned. The report examines the public's right to the beach area, extending from the high water mark to the 1948 water's edge, and the legal implications of navigable water and receding lake levels. The conclusion emphasizes that public ownership extends to the high water mark, and thus, the dry lake bed is public property. However, it also notes that the shoreline landholder can pursue legal determination. The report references a court case from 2008 and concludes that, as of now, the land ownership described in the title deed of Lot 22 remains unchanged, and the client has no legal rights to own the dry lake land but has the option to seek legal determination.

Running head: SURVEY LAW II
SURVEY LAW II
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Survey Law II
Introduction
Following the recent survey carried out on Lot 22 on the boundaries of the property, it has been
established that there is a significant difference in the distance between the current water’s edge
and the published high water mark. The survey has also revealed a significant difference between
the water’s edge that was established in 1948 and the current water’s edge (for 2019). This
difference between the current water’s edge and that in the Registered Plan has created a dry lake
bed and it is important to understand whether the dry lake bed is under the ownership of the
shoreline landholder or the government (public).
Interpretation
The first thing to note is that the water of End Point Lake is public water and the lake as a whole
has been and is still in public ownership. The land underneath the water of End Point Lake is
owned by the government (Hall, 2018). Based on the available documents, including the
Registered Plan 6354, the beach, which extends from the high water mark to the water’s edge –
1948, is open to the public (even though it has not been used by the public regularly for being in
a fairly secluded area) hence it is under public ownership. The fact that the beach has been being
used by the public, even though not regularly, means that it is under public ownership. As a
result, the boundary of land owned by the shoreline landholder is limited to the high water mark
(News-Sentinel, 2017).
Since the adjoining shoreline of End Point Lake is already in public ownership (because it is a
beach area), the public has the right to use the dry lake bed meaning that the dry lake bed is a
public property and does not belong to the owner of the land adjoining the lake. By the time the

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title for Lot 22 was being issued, the navigable water of End Point Lake was being used as
highways for movement of people and goods. This means that any land extending into the
navigable water in the lake from the water’s edge – 1948 was under the government ownership.
In other words, the government owned the lake bed to the point of water’s edge – 1948.
According to the law, in case of drying up of any navigable water, the dry lake bed becomes a
public property and not the shoreline landholder’s property (Bitzan, 2016).
One of the assumptions that cannot be ruled out is that the receding of End Point Lake may be
temporary. The receding is mainly caused by water use and climate change, meaning that if these
issues are resolved in the future, there is a possibility of the water’s edge shifting back towards
the high water mark. It therefore implies that the current dry lake and may reduce or cease to
exist completely. This potential phenomenon rules out the possibility of shoreline landholders
claiming ownership of dry lake land.
Conclusion
The law dictates that public ownership of land adjacent to the lake, sea or ocean starts from the
high water mark. It therefore means that any land, whether dry or under water, extending from
the high water mark to the lake, sea or ocean is under public ownership. In this case, the beach
extending from the high water mark to water’s edge – 1948 has been a public property. The
navigable waters and the land underneath the water is a public property. Additionally, the
original title deed that was issued for Lot 22 has a fixed point and since this point has not been
changed, the boundary of land owned by the shoreline landholder remains as it was when the
title deed was being issued. This means that the land owned by the client has not changed or
affected by the receding lake.

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However, there is a possibility of taking the case to the court for a determination. In 2008, a
Court of Appeal gave a ruling on a similar case involving a tussle between Alberta Government,
the County of Strathcona and land owners over a dry lake land in Grandview Bay on Cooking
Lake. The Court of Appeal decided that a survey should be carried out and the land divided
equitably between the local county and shoreline landowners (Weisleder, 2013).
As of now, the ownership of land described in the title deed of Lot 22 on Registered Plan 6354
and all rights associated with this ownership have not changed. The boundary of the land owned
has also not changed or affected by the receding lake. This means that the client has not legal
rights to own the dry lake land but can use legal means to get a determination on whether he can
own the land or not. Currently, the dry lake land is a public property but it does not restrict the
shoreline landholder from accessing the navigable water in End Point Lake.
Works Cited

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Bitzan, T. (2016, May 6). You Asked: Who owns a lake? Retrieved from
https://www.echopress.com/news/4025855-you-asked-who-owns-lake
Hall, B. (2018, May 4). Know yur waterfront property rights. Retrieved from
https://www.grbj.com/articles/90591-know-your-waterfront-property-rights
News-Sentinel. (2017, May 31). Property rights at the water’s edge Does the “high water mark” still
mean what it used to in Indiana? Retrieved from http://www.news-sentinel.com/news/local-
news/2017/05/31/property-rights-at-the-waters-edge-does-the-high-water-mark-still-mean-
what-it-used-to-in-indiana/
Weisleder, M. (2013, April 9). As cottage lakes recede who owns the extra beach? Retrieved from
https://www.thestar.com/business/personal_finance/2013/04/19/as_cottage_lakes_recede_wh
o_owns_the_extra_beach.html