I’ve done a few posts now on land that enjoys riparian rights and in THIS POST I look at how to determine this. And then in THIS POST I look at an easier way to PERHAPS determine this by looking at an old dock permit. In this post I want to look at some clues to answer this question by looking at the recorded plat where the property is located. We will look at the recorded plat for Paradise Port in Palm Beach Gardens.
First, note that the eastern waterway on this plat is labeled as “Frenchmans Creek” and NOT a canal or a lagoon. This is a clue, it is a named waterway.
Next, note that the border between this waterway and the adjacent uplands is shown as an irregular line and not a line with a specified start and stop points with direction and lengths shown. This is what is called a “meander line” and, for this tidal waterway, it is the ordinary high water mark of the navigable waters. Remember, navigable water = riparian rights in Florida. BE CAREFULL at this step. Some folks in North Palm Beach on what we still call the Earman River thought that was riparian. It appears to no be the case and someone other than the state of Florida owns the land.
Look at Lot 72 on this plat. This is the property located at 14208 Harbor Lane. Note 2 things on this lot: First is that the side property lines of this lot go all the way down to, and intersect with, the “meander line” shown thereon. Thus, the property is shown as extending down to the “ordinary high water mark”. Second, note that the lengths of these side property lines are shown as say “140′ +/-” for the north property line. This “+/-” is because the “meander line” can move. Yes, READ THIS Article to learn all about this movement. If this line moves, and that movement is “gradual and imperceptible” then the length of the property lines intersecting it would change. For instance if the legislature, or some legal case comes about that equates the the “ordinary high water mark” with the Mean High Water Line can, which can and has in fact, changed then this line is moving. This level is determined for a set period, called an epoch, being 19 years, ny the folks at NOAA (CLICK HERE to read all about a tidal epoch.) The MHWL at the Lake Worth Pier has changed by over 1′ in the last 100 years. Yet the statute does not reference this MHW line but instead the “ordinary high water”.
Also, note on this plat that the dedication language does NOT say anything about dedicating (giving away), or withholding, the parcel labeled as “Frenchmans Creek”. In short one can not give away (dedicate) land that one does not own. The state owns the land below Frenchmans Creek and thus one can not give away (or sell) what they do not own.
BE CAREFUL!!!! The folks who thought they lived on something called the Earman River in North Palm Beach where the parcels shown on Plat 1 do show their property lines intersecting a meander line found out it was never a river (a meander line was not applicable) and the state did not, does not, own the land below this water.
Thus, this method may be a good indication but better to follow the method outlined in this BLOG POST.
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