public access vs private property

Reivers Dustin
06/09/11 #10816

My understanding is that from the water, a boater can make entry to the shore up to the mean high tide line. This is even true on rivers and larger lakes. Although there is not a clear line on fresh water bodies. Some of the San Juans are wildlife preserve where other rules overturn normal rules of access. Some property owners out there are not interested in the rule of law.

One reason to bring this up is the case where you have boat trouble, or someone you are with does.

On Lake Whatcom, the property plates show ownership far out into the water. There is an owner near our first turn who will harrass any swimmers that stray over 'his' propery.

Just wondering what the reality might be. If it's bothersome I'll revert back to my fantasy world.

rd

steven wort
06/09/11 #10817

I recall a similar qu coming up a while back on a differnt DL. The best answer I got indicated that state water laws vary state by state. Those states with a big cattle background tended to sell total water rights to land owners. Those states without cattle kept water rights as a common resource.

Given that a lot of our local lakes are actually man made, its possible that landowners do “own” the land under the lake, and so “own” the water sitting on top of their property line?

Would be interesting to hear what the story is when life is at risk due to boat trouble, or adverse weather? And what “rights” do property owners have to do harm to “trespassers” if thats the correct term for someone encroaching on private property?

~Steve

Michael Lee <mlee@…>
06/09/11 #10818

You would likely need to speak with an attorney who specializes in property rights and land use issues in the State of Washington.

Some states, such as California, are classified as “wetsand” states, which mean that everything below the mean high tide line is public property. Since many islands and beaches in this state are deemed private, I’m betting that Washington has a different definition of public property as it relates to waterfront and beachfront access.

My advice would be to show the harassing property owner your white ass and swim away.

ML

Dale McKinnon

06/09/11 #10819

Private shoreline property in the State of Washington extends into tideland. These property rights are the legacy of the early territory days of shellfish plantations and commercial harvesting rights. You do not have the right to land on anyones shoreline property, regardless of tide height in Washington.

However, if a mariner is in distress or danger they cannot be denied the safety of land, regardless of property ownership. This happened to me once in 2002 on the northshore of Orcas. I had to land because I was hit with a nasty case of food poisoning and the land owner angrily told me to get off his property, he didn't care what was happening with me and would call Island County Sheriff if I didn't leave immediately. I asked him to please call paramedics.

He was adamant I leave. I called the CG on my VHF.

After it was sorted out a day later, the CG and Island Co. Sheriffs told me they would talk with the land owner and explain that maritime exigencies trump property rights. They also, in a friendly way, explained the history of shoreline rights in WA.

This is why I prefer rowing in Canada. The shoreline is federal/provincial land and available to all on the water.

Larry <lbussing@…>
06/10/11 #10822

It's both. I used to have a map from the state that showed what shorelines were private and what were public. I'll have to try and find it. It was a mixed bag. You probably have a fair number of land owners who claim private shorelines when in fact they aren't, but that is a different story. Larry B