Understanding Riparian and Non Riparian Rights in Maryland

Riparian rights are an important aspect of waterfront property ownership that can greatly impact how a property is used and developed. These rights pertain to the use and enjoyment of the water that borders a property and are recognized in many states, including Maryland. In this blog post, we will explore the basics of riparian rights, the different types of rights, and how they affect waterfront property owners in the United States and in Maryland specifically.

What are Riparian Rights?

Riparian rights are a set of rights and privileges that are associated with owning property that borders a body of water, such as a lake, river, or stream. According to FindLaw, these rights typically include the right to access and use the water, as well as the right to build structures along the water's edge. In some states, riparian rights are recognized as a property interest and are protected under state law.

Types of Riparian Rights

There are two main types of riparian rights: littoral rights and riparian rights. Littoral rights pertain to property that borders the ocean or other large bodies of water and generally give property owners the right to access and use the water, as well as the right to build structures along the water's edge. Riparian rights, on the other hand, pertain to property that borders smaller bodies of water and typically only give property owners the right to access and use the water, but not the right to build structures along the water's edge.

Riparian Rights in the United States

The extent of a property owner's riparian rights can vary greatly from state to state, as each state has its own laws and regulations regarding these rights. In some states, such as Florida, riparian rights are recognized as a property interest and are protected under state law. In other states, such as California, these rights are not recognized as a property interest and are subject to restrictions and limitations.

Riparian Rights in Maryland

In Maryland, riparian rights are recognized as a property interest and are protected under state law. According to the Maryland Department of Natural Resources, the state recognizes both littoral and riparian rights, giving property owners the right to access and use the water, as well as the right to build structures along the water's edge. However, it's important to note that these rights are not absolute and may be subject to restrictions and limitations, such as zoning laws and environmental regulations.

Non-Riparian Rights

While riparian rights pertain to the use and enjoyment of the water that borders a property, non-riparian rights pertain to the use and enjoyment of the land itself. These rights typically include the right to use the land for a variety of purposes, such as agriculture, forestry, or recreation, as well as the right to build structures on the land.

In conclusion, understanding riparian rights is essential for every waterfront property owner, as these rights can greatly impact how a property is used and enjoyed. In the United States, the extent of these rights can vary greatly from state to state, so it's important to be familiar with the laws and regulations in your state. If you have any questions or concerns about your riparian rights, it's always best to consult with a knowledgeable attorney who can provide you with guidance and advice.

Sources:

• FindLaw. (n.d.). Riparian Rights. Retrieved February 9, 2023, from https://realestate.findlaw.com/property-rights/riparian-rights.html

• Maryland Department of Natural Resources. (n.d.). Riparian and Littoral Rights. Retrieved February 9, 2023, from https://dnr.maryland.