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Riparian Expert Witness Services

Riparian and Littoral Surveying – Water Boundaries

Riparian rights are legal rights associated with land bordering watercourses like rivers, streams, lakes, or oceans. These rights typically include the use and enjoyment of the water, such as fishing, swimming, and boating, as well as the right to access the water for domestic purposes like drinking and irrigation. Riparian rights also entail responsibilities, such as the obligation not to pollute the water source and to allow the natural flow of the water.

Why You Need a Riparian Expert Witness

The specifics of riparian rights can vary depending on local laws and regulations, as well as the type of water body in question. In some jurisdictions, riparian rights are considered property rights tied to the ownership of the land bordering the watercourse, while in others, they may be regulated by government agencies to ensure equitable access and protection of the water resources for the public good. Conflicts over riparian rights often arise in situations where there is competition for limited water resources, such as during droughts or in densely populated areas with high demand for water. Because of this, a dispute over riparian rights may necessitate an expert witness.

Role of Riparian Expert Witness

Determination of Riparian and Littoral Rights

Locating the extent of a waterfront owner’s boundaries (riparian or littoral) rights) is sometimes difficult. The terra firma adjoining the water is constantly moving and shifting; imagine trying to locate a land boundary that may move daily.

These movements may occur quickly (in the event of a hurricane) or slowly over time (such as granules of sand building-up over decades). Based on a variety of circumstances, many different types of evidence may be required before finding the riparian boundary.

Knowing “how” to apply to generally accepted rules of surveying as well as any state-specific case law is the first step in allocating riparian boundaries.

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Methods of Riparian Allocation

Every riparian allocation depends on the state in which the parcel is located because every state is an independent “sovereign” in the eyes of the law. That being said, there are six common law methods of allocating riparian rights among waterfront property owners:

  1. The round lake method
  2. The long lake method
  3. The proportionate medial line method
  4. The colonial method
  5. The property line extension method
  6. The proportionate acreage method

The circumstances of each allocation will dictate which is the best method to use.

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Florida-Specific Water Boundary Disputes

Riparian surveys of Florida waterfront parcels, especially when locating the rights to build a dock, are special.

Florida riparian surveying is unique because of the large body of case law that has been made in the Sunshine State over the past 100 years.

My favorite case from Florida, Hayes v. Bowman (91 So2d 746), is as much poetic work as case law, states: “It is absolutely impossible to formulate a mathematical or geometrical rule that can be applied to all situations of this nature. The angles ( direction) of side lines of lots bordering navigable waters are limited only by the number of points on a compass rose.”

While I agree with that statement to some extent, I do firmly believe that every situation is uniquely suited to one of the six riparian allocation methods described above, but it takes a good surveyor to decide which one should be correctly applied.

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Nettleman Land Consultants riparian expert witness service stands as a beacon of expertise and reliability in navigating the complexities of water rights and other land surveying disputes. With our team of seasoned professionals (including land surveyors) and specialized knowledge, we are dedicated to providing comprehensive support and expert witness testimony. Discover why we are a trusted name among attorneys, landowners, and stakeholders. Contact us today to learn more about how we can assist you in achieving a favorable resolution to your riparian-related challenges.
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FAQ

What types of equipment are used for surveys?

Every riparian survey begins with an upland boundary survey. Therefore, any land surveyor should have the total stations, GNSS, and other equipment required to complete this phase of work.

But the “riparian” work within a water boundary survey often requires specialized survey equipment such as a bathymetric sounder equipped boat or drone, unmanned aerial vehicle (UAV) to capture aerial photos, and a laser scanner to document the view obstructions and built docks. Very few surveyors possess such equipment because the buy-in costs amount to hundreds of thousands of dollars.

Typically, these types of disputes are governed by a combination of common law principles, statutory law, and regulations specific to the jurisdiction in the waterway’s location. Common law principles often include concepts such as reasonable land use, prior appropriation, and the prevention of waste.

What other types of property disputes do you handle?

Along with riparian issues, NLC also offers its land surveyor expert testimony services to the following types of land disputes: negligence claims, easements,  construction defects, boundary dispute, and other services pertaining to land surveys.

Attorneys–Need an Expert Witness for Your Property Dispute?

Dr. Tony Nettleman

Dr. Nettleman is a land surveyor, author, educator, and expert witness.

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