ESSE 4670 Survey Law II Report: Land Ownership and Water Rights

This report analyzes the legal implications of a shifting water's edge on waterfront land ownership, using the example of Lot 22 on End Point Lake. The report examines the concept of accretion and its impact on property boundaries, focusing on the distinction between the high water mark and the water's edge. It explains that, despite the shift in the water's edge, the waterfront landholder's ownership is limited to the high water mark, with the accreted land remaining public property. The report highlights the importance of public access to navigable waters and beaches and discusses the legal rights of both the landholder and the public. It also explores the possibility of the water's edge shifting back and the relevance of the title deed, recommending that a new survey and title deed are necessary to reflect any changes in land ownership. The report also touches upon legal precedents where courts have addressed similar cases, emphasizing the significance of a public beach in determining land ownership and the limitations it imposes on the waterfront landholder's rights to the accreted land. The report concludes that the original boundary of Lot 22 stands unless a new survey and title deed are issued.

Running head: SURVEY LAW II
SURVEY LAW II
Name
Course
Professor
University
City/state
Date

SURVEY LAW II 2
Survey Law II
Introduction
The survey of Lot 22 on Registered Plan6354 has shown that the water’s edge has shifted from
where it was in 1948. This has become a very common phenomenon due to accretion of land
along the shorelines of lakes, oceans and seas. End Point Lake is not an exception and therefore
the new finding of shift in water’s edge is not strange. The main aim of this report is to help the
waterfront landowner understand the legal implications of the new water’s edge boundary/level
and how it affects his land ownership. The accreted land or dry lake land is definitely of great
interest to the public, the government and the waterfront landowner.
Findings
End Point Lake is a public property that has been used by the public for navigation purposes.
This means that the navigable waters and the bottomland are public properties. It is very
important to note from the survey carried out, the high water mark of End Lake Point has not
changed. It is only the water’s edge that has shifted and moved away from the high water mark,
creating the extra accreted land. This implies that the accreted land is still navigable, open to
public access and remains under public ownership. This restricts waterfront landholder to own
land only up to the high water mark (News-Sentinel, 2017).
Another important finding is that the beach existing between the high water mark and the lake is
open to the public meaning that it is under public ownership. Therefore it is not reasonable to say
that the waterfront landholder can own the accreted land excluding the public beach. This
subdivisions and boundaries are impractical and not reasonable.

SURVEY LAW II 3
According to the law, the waterfront landholder has the right to use the accreted land but does
not own it until a new survey is carried out and new title deed issued to show change in boundary
of the land. The reason why the waterfront landholder cannot own the accreted land of End Point
Lake is because this land is a navigable lakebed meaning that the public has the right to access
and probably use it for navigation purposes. When the waterfront landholder claims ownership of
the accreted land, it means that he can use it for his own purposes and this may limit public
access.
Conclusion and recommendations
There is a possibility that the new water’s edge may be temporary and in the future, this edge
may start shifting and moving towards the high water point again. It is known that the receding
taking place in End Point Lake High can be reversed through various efforts being made to solve
the problem of climate change. The high water mark is the permanent perimeter that shows the
boundary of shoreline land (Moorhead, 2015). Since the title deed issued for Lot 22 shows that
the land owned by the waterfront landholder ends at the high water mark, this boundary has not
changed and can only be changed through a survey and issuance of a new title deed by the
relevant government agencies to show the new boundary.
It is also important to note that both the waterfront landholder and the public have the right to
access the accreted land and use it for navigation purposes. Since the land has no navigable
water, it can be used as public beach. The accreted land also does not prohibit the waterfront
landholder from accessing the lake. The only limitation is that the waterfront landholder cannot
claim ownership of this land or use it for personal purposes. For example, since the land is not
under his ownership, he cannot develop a property or undertake any private development project

SURVEY LAW II 4
on it. Doing so will limit public access and use of the accreted land (Graystone Envvironmental,
2019).
There are cases where the courts of law in different countries have ruled in favour of waterfront
landholders in relation to accreted land ownership. In some cases, it has been ruled that accreted
land should be divided equally between waterfront landowners and the government (Weisleder,
2013). This means that the waterfront landholder has the right to take this case to the court of law
for a legal determination on whether he has the right to own the accreted land.
The main factor contributing to the waterfront landholder not owning the accreted land is the
existence of a public beach. This beach limited land ownership of the waterfront landholder to
the high water mark. It would have been a completely difference scenario if there was not public
beach. In the absence of the public case, it would have been the right of the waterfront
landholder to own the accreted land. Therefore the original boundary of Lot 22 still stands unless
a new survey is carried out and a new title deed issued by relevant government agencies.

SURVEY LAW II 5
Works Cited
Graystone Envvironmental. (2019). Keeping track of riparian rights. Retrieved from
http://www.envconsult.ca/riparian
Moorhead, J. (2015, July 21). What to know when your land is bounded by water. Retrieved from
https://www.landthink.com/what-to-know-when-your-land-is-bounded-by-water/
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 19). 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