When dealing with waterfront property issues, it is often necessary to advise a client to obtain a riparian survey. Many clients ask “what is a riparian survey?” While attorneys and other real estate professionals are usually familiar with riparian surveys, most clients have never heard of them.
So, what is a riparian survey and when might you need one? A riparian survey is the opinion of a professional surveyor as to the boundaries of bottom land ownership of a body of water. Contrary to popular belief, riparian surveys are not an exact science, and a court is not necessarily required to accept the results of a riparian survey. However, a riparian survey is usually a very persuasive piece of evidence when attempting to establish riparian boundaries.
It is also true that not all riparian surveyors will have the same opinions regarding the boundaries on a given water body. This is because water bodies are all shaped differently, which requires surveyors to use different methods of calculating the boundary lines. What seems right to one surveyor may not always seem right to another surveyor. But it should be stated that multiple surveys of the same water body are not likely to differ drastically. Ultimately, it is the court who decides which survey will control a particular dispute.
A riparian survey is most often used when there is a dispute as to the rights of parties on a water body. However, it can also be used to identify and resolve potential issues before they devolve into conflicts. It is sometimes wise to obtain a riparian survey prior to the purchase of waterfront property. While there is a cost to obtain a riparian survey, it can go a long way to protecting a large investment such as waterfront real estate.
The attorneys at Dalton & Tomich regularly handle cases regarding riparian rights. We work with riparian surveyors and can assist clients in identifying the right surveyor for a particular matter. If you believe you may have a riparian rights issue, please do not hesitate to contact us. We would be happy to speak with you.
