National Real Estate Practice Exam

What are the rights of the owner with property abutting a stream called?

1. Littoral rights

2. Riparian rights

3. Avulsion

4. Dominant tenements

The correct answer is: Riparian rights

The rights of the owner with property abutting a stream are referred to as riparian rights. These rights pertain specifically to properties that are adjacent to flowing water, such as rivers and streams. Riparian rights allow the landowner to make reasonable use of the water for purposes such as irrigation, domestic use, and recreation, as long as they do not harm the rights of other users or the water flow. This concept is rooted in common law and varies by jurisdiction, but the principle emphasizes the landowner's access to and use of water that flows past or through their property. For instance, if a landowner wishes to draw water from the stream for agricultural use, they may do so under riparian rights, provided they do so within reasonable limits. In contrast, littoral rights pertain to properties abutting non-flowing bodies of water, such as lakes and oceans. Avulsion refers to the sudden loss or addition of land due to natural processes, such as erosion or flooding, which is distinct from water use rights. Dominant tenements are related to easements and property rights affecting neighboring properties but do not specifically define rights concerning water bodies. Therefore, riparian rights is the correct answer, reflecting the specific legal entitlements of property owners