A "riparian" ring ring...
"We need a boundary and topo survey. Oh, and she asked if you would show the 'riparian rights lines' for her seawall/dock contractor. She needs it by Friday."
Lot 60...
Who owns the "Keystone Waterway"? Is is dedicated in the plat? I thought to claim riparian rights you had to have a water boundary to the water body in question.
I'm sure the real estate agent sold her a lot that has "water frontage".
> Who owns the "Keystone Waterway"? Is is dedicated in the plat? I thought to claim riparian rights you had to have a water boundary to the water body in question.
Keystone Waterway was dedicated to the perpetual use of the Public in Feb. 1961. As with other waterways in this subdivision the the developer didn't always excavate the canals to the platted lot lines. FWIW, the water level in the canal system is controlled by a lock.
The term "riparian", as quoted in my OP, was used by the dock contractor and the caller.
The caller further explained he wants the survey to indicate where the owner of Lot 60 has rights to lawfully place a dock in Keystone Waterway.
> I'm sure the real estate agent sold her a lot that has "water frontage".
It's not sold yet. 😉
Send her to a lawyer before I would touch it, then you may not have to touch it.
John Harmon
IMHO the first thing to do would be to look at the Covenants for the subdivision. That may spell everything out.
Ain't it great
Ain't it great to feel responsible to fix all of the idiocy in the world to protect the stupid.
Have a potential client who does not want to listen. All he needs to do is have a chat with his neighbor. This potential client needs an elevation certificate to satisfy his lender for a house he is buying. His house, just like his neighbor's is sitting atop what you get when you dig strip pits searching for coal seams. It may be 40 feet above water level, but, the property includes water areas. He really needs a LOMA proving his house has zero chance of flooding. His neighbor had this done about a year ago. I found proof of that on the FEMA website. BTW, this property is a one-way distance of 70 miles from my office and his flood plain administrator's office and survey information is another 20 miles distant.
I told him to talk to the neighbor to find out who the surveyor/engineer/architect was who filled out the info for him and sucessfully helped him get his LOMA. That guy already has the key elevation info and local experience. He should be able to do what needs done for less than half of what I will probably charge.
My experience with people who don't appear to worry about the final charge suggests that the reason they aren't worried is that they have no intention of paying no matter what the invoice indicates is due.
Ain't it great
Or else they have more money than they know what to do with :-S
Keystone Waterway was dedicated to the perpetual use of the Public in Feb. 1961.
I think therein lies your answer. I don't think you can build a "private" structure on "public" land. Now, if they can get the developer to clarify their rights and allow such use in their deed when the purchase the lot, that may be a different story. Right now it's all up to the attorney to do his/her magic.
Thank God for GIS.
Clearly you CAN build docks on this canal, you can see others in the picture. I deal with these situations at the head of canals regularly . When you can't fit something given the setback requirements, you have to be creative and chat with the neighbors and planning department to come up with a shared structure, or a variance for use.
Okay, my riparian is a little 'rusty' (pun intended). Correct me if I'm wrong, (and I probably am), but if the waterway is controlled by a lock system, then the boundary lines of the waterway should basically be fixed since accretion and reliction is most likely controlled.
That should control the waterline location for public access as defined by the Official Records. High or low water lines not withstanding. But I'm guessing here when it come to a lock controlled system.
> Clearly you CAN build docks on this canal, you can see others in the picture. I deal with these situations at the head of canals regularly . When you can't fit something given the setback requirements, you have to be creative and chat with the neighbors and planning department to come up with a shared structure, or a variance for use.
Bisect here, bisect there...;-) What do you think? How would you label these lines?
Why would it be riparian? Is it a "natural" waterway. I don't know, never dealt with this, I live in a desert. Looks as if it was built to give access to the water for the lots. Is there CC%R's recorded or does the plat define access to the canal?
> > Clearly you CAN build docks on this canal, you can see others in the picture. I deal with these situations at the head of canals regularly . When you can't fit something given the setback requirements, you have to be creative and chat with the neighbors and planning department to come up with a shared structure, or a variance for use.
>
> Bisect here, bisect there...;-) What do you think? How would you label these lines?
>
Looks equitable... I don't know what you would call those lines, but you had better hurry up and call them something. She needs this survey tomorrow.:'(
Knowing nothing about the issue... it looks like all the lots were intended to have access to the water.
at least give the lawyer something to review.
Look again Agent "59"....B-)
Rob
If I look at the survey of my 7 acre lot, the boundary line along the road frontage is shown 25' from the centerline, yet the gravel road is only 20' wide. Does that mean I don't have a right to construct a driveway across the 15' strip of land between my property line and the edge of the traveled way?