Tuesday, September 23, 2008

Establishing boundaries and ownership when property borders a lake

As a lake rises and falls, so do the boundaries of any bordering properties. Therefore, it can be said that the boundary between privately owned uplands and submerged bottoms (often owned by government) is a dynamic one. Under Florida Law, riparian owners have the vested right to future accretion and reliction that inure to their benefit. State v. Florida National Properties, Inc., 338 So.2d 13 (Fla. 1976) Meaning, if the water level of a lake diminishes over time through natural processes, the additional exposed land becomes part of the upland property. Conversely, if the lake erodes the upland property, the upland property loses land.

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