National Real Estate Exam (PSI)Property OwnershipMedium
A parcel of land borders a non-navigable stream. The owner wants to know the extent of their water-related property rights under common riparian doctrine.
- AOwnership extends to the center, or thread, of the stream
- BOwnership extends only to the ordinary high-water mark; the state owns the rest
- CThe owner has no rights to the water because all streams are state property
- DThe owner owns the entire streambed regardless of the opposite bank owner
Show answer & explanationAnswer & explanation
Correct answer: A. Ownership extends to the center, or thread, of the stream
Riparian rights apply to land bordering non-navigable rivers or streams. Owners on each side typically hold title to the midpoint (thread) of the waterway and have reasonable use rights to the water, subject to the equal rights of other riparian owners.
Why the other options are wrong
- B. Incorrect — the high-water mark rule applies to littoral rights on navigable, tidal, or ocean waters, not typical riparian streams.
- C. Incorrect — private riparian rights do exist even though the state may regulate navigable waters.
- D. Incorrect — each side's owner holds rights only to the midpoint, not the entire streambed.
Riparian Rights
Rights held by owners of land bordering a river or stream, generally including reasonable use of the water and ownership to the center (thread) of a non-navigable waterway.
- Riparian = rivers/streams; littoral = lakes/oceans/tidal waters
- Non-navigable stream owners typically own to the midpoint
- Rights include reasonable use but not exclusive ownership of the water itself
Memory trick: Riparian = river — split down the middle like slicing a stream in half.