If you own waterfront property, where is your property boundary, and who is your adjacent parcel owner on the waterfront?
At Lake Tahoe and many other inland (“non-tidal”) bodies of water, the boundary between the waterfront property (a/k/a the “upland” parcel) and the body of water is defined by a \ line that roughly parallels the water’s edge. This line is called “meander line.” In 1861 and 1875, prior to the sale of government lands around Lake Tahoe, government surveyors created a meander line along the edge of Lake Tahoe. The meander line is generally some distance landward from the water’s edge (not the actual high water mark) and was used to determine the acreage and price of the lands to be sold by the federal government to the original land patent holders.
State and federal law provide that when title to waterfront property is described by a meander line of a government survey, or by a subsequent subdivision of the same land bounded by the meander line, the title of the upland owner extends to the body of water itself. So, just how far does the parcel extend toward the body of water?
If an inland body of water is navigable – like Lake Tahoe –
the State owns the lakebed as it existed at the time of statehood (which typically
means before there were dams, or artificial raising and lowering of the lake
level). In Nevada, a 1979 statute established
the boundary line of the lakebed at 6,223 feet, Lake Tahoe datum, which approximates
the lake’s ordinary low water level.
Accordingly, a deed conveying lakefront land on the Nevada side of Lake
Tahoe that uses the old government survey meander line as the boundary conveys
title all the way to the lakebed at 6,223 feet.
This means your neighbor along the water’s edge is the State of
Nevada.
Similar rules apply in California. Generally, the owner of
the upland, when it borders on tidal waters, takes to ordinary high-water mark;
when it borders upon a navigable lake or stream, where there is no tide, the
owner takes to the edge of the lake or stream, at low-water mark; when it
borders upon any other water, the owner takes to the middle of the lake or
stream. In Tahoe where there is no tide, the rights of the owner to low-water
mark are included in the conveyance.
In California, even though a private landowner’s title
extends to the ordinary low water mark, there is an easement or public trust
under which the general public may recreate in the land area that lies between
the ordinary low and high-water marks. Nevada
recognizes the public trust doctrine in certain instances, but does not
recognize a right of the public to sunbathe or recreate in the area between low
and high water.
Waterfront land is usually the most valuable
property in any particular market. As
you can see, there are some unique rules that apply to valuable land with
waterfront boundaries. If you have
questions about your waterfront boundaries, please call Incline Law Group, LLP.
Andrew N. Wolf (Andy) is a partner with the Incline Law Group.
Incline Law Group, LLP, is committed to providing legal clarity. Our transparent approach to delivering legal services is designed to get beneath the surface of the matter in order to minimize surprises and maximize our clients’ outcomes.
Founded in 1973 by John C. Rogers, Incline Law Group has earned a reputation for professionalism, discretion, honesty, diligence and positive results. Our attorneys are licensed in Nevada and California and have been providing legal clarity in the areas of Real Estate, Litigation, Family Law, Contracts, Business Formation and Estate Planning for over 40 years to our Northern Nevada and California communities.
Andy has been practicing law for 26 years and is licensed to do so in both California and Nevada and his practice areas include:
- Civil litigation and transactions
- Real property: Including sales, contracts, brokerage, mortgages, land use, TRPA coverage, etc.
- Landlord - tenant law
- Business and commercial law
- Construction law, contractors and design professionals
- Homeowners Associations
- Business Entities
- Insurance law
Andy is a member of the State Bar of Nevada, State Bar of California and the Washoe County Bar Association.
Andy has served as Judge Pro Tem, Placer County, CA and Washoe County, NV and as an adjunct professor, teaching Business Law and Risk Management, at Sierra Nevada College located in his home town of Incline Village, NV.
Andy is an avid golfer and skier and served on Skiing Magazine's Test Team from 1997 - 2000.
California Property Tax Exemptions – Prop 13 caps increases in property taxes if the property owner meets certain requirements. A somewhat less known law in California is Prop 60 and Prop 90 (sometimes referred to as Prop 60-90). This exemption allows a resident that is 55 or older, in certain circumstances, to sell his/her property and replace it with another while maintaining the Prop 13 tax basis on the original property.