Numerous issues relate to waters and often require exceptions in the Policy, particularly if the Policy covers land along or crossed by water or covers large acreage. If the boundary of the land is water, that boundary may be in issue because of possible past avulsive changes. Ownership of the bed may remain in the state. The U.S., state, and public may have rights to or may own the bed of navigable waters, even if the land is filled. Owners abutting rivers or streams may have riparian rights to use the waters and to the flow of the waters. In some western states, rights to take waters (water rights) are quite valuable and subject to an administrative determination process. The public may have rights in a beach area because of implied dedication or public trust doctrine.
Navigable River or Stream Crosses or Abuts the
(a) All right, title or claim or any character by the United States, state, local government or by the public generally in and to any portion of the land lying within the current or former bed, or below the ordinary high water mark, or between the cut banks of a stream navigable in fact or in law.
(b) Right of riparian water rights owners to the use and flow of the water.
(c) The consequence of any past of future change in the location of the bed.
Comment: Use this exception if a navigable river or stream crosses or adjoins the land.
See Underwriting Manual
Non-Navigable Stream, Gully, Creek or Ditch Cro
Rights of upper and lower riparian owners in and to the free and unobstructed flow of the water of the _______________________ extending through the land, without diminution.
Comment: Use this exception if a Non-navigable stream, gully, creek or ditch crosses the land.
Non-Navigable Rivers or Streams as Boundaries
(a) Any past or future change in the _____________________ which forms the ____________ boundary of the land.
(b) Any dispute arising over the location of the old bed.
(c) Any variance between the boundary line as originally conveyed and the current boundary thereof as now used or occupied.
(d) Rights of the upper or lower riparian owners in and to the free and unobstructed flow of water of said body of water.
Comment: Use this exception if a boundary of the land is a non-navigable river or stream.
See Underwriting Manual
Navigable Lake Abuts the Land
(a) Rights, if any, of the property owners abutting the __________________, lake or adjoining streams or water in and to the waters of the lake and in and to bed thereof.
(b) Boating and fishing rights of property owners abutting the lake or the stream of water leading thereto or therefrom.
(c) Navigational servitudes and all other rights, titles, and powers of the United States, the state, local government and the public over said lake, its bed, and its shore lands extending to the ordinary high water line thereof.
(d) The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within _________________ Lake.
Comment: Use this exception for natural lakes or lakes fed by rivers or streams that cross or abut the land.
Non-Navigable Lake Abuts the Land
Easements for use of the surface of waters on the land for fishing, boating, swimming or similar activity.
Comment: Use this exception if a human made lake, not fed by a river or stream, touches the land.
Lake Abuts Ocean, Gulf or Bay
(a) Navigational servitudes and all other rights, titles and powers of the United States, the state and local government, and any other governmental entity and the public over lands comprising the beds of oceans, gulfs or bays and their shore lands extending to the ordinary high water line thereof.
(b) Lands beyond the line of the border or bulkhead lines, or vegetation line.
(c) Filled lands, submerged lands or artificial lands, including any determination that some portion of the land is tide or submerged lands, or has been created by artificial means or has accredited to such portion so created.
(d) Riparian or water rights, claims or title to water, whether or not shown by the public records.
Comment: Use this exception if the land abuts the ocean, gulf or bay.
Artificially Filled Lands
Title to accredited land, artificially filled lands, submerged lands and lands lying below the ordinary high water mark of ______________________.
Comment: Use this exception if the land does not currently abut a navigable body of water but you suspect that it may have been an artificially filled portion of the body of water.
See Underwriting Manual
Access to Adjacent Beach
Any easement or claim of easement based upon prescription or implied dedication for the public over the land, or any part thereof, for access to the adjoining beach or body of water for recreational purposes.
Comment: Use this exception if the land is adjacent to a beach and subject to possible public access.
Encroachment onto Beach
An encroachment of the _________________ improvements located on the land onto the easement of the general public for access and recreation to the adjoining beach or body of water.
Comment: Use this exception if you suspect that improvements have been constructed over land to which the public may have gained an easement for access or recreation.
Extended Coverage Survey
Any adverse claim that the __________________ line of the land is other than is shown on Survey No. _________________, dated ________________, and signed by _____________________.
Comment: Use this exception when a survey shows a water boundary because the title along the water boundary may not be truly locatable.
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area.