INTERESTS IN LAND - Natural rights of estate ownership - Riparian water

Law360 Canada (July 28, 2022, 6:22 AM EDT) -- Action by the Plaintiff on whether the Defendants’ boathouse interfered with the Plaintiffs’ riparian right of access to the water from their own waterfront property and whether such claims were statute barred and extinguished. The Plaintiffs were the owners of a property at Shore Road. Their neighbours to the south, the Defendants, also owned a property at Shore Road. Their properties were adjoining and bordered onto the river shoreline. The Plaintiffs saw that the boathouse in question was about 50 feet out in the water in front of their shoreline and assumed it was associated with the property they were about to purchase, making the boathouse in their domain to manage and enjoy. Shortly after moving onto the property, the Plaintiffs learned that the boathouse belonged to the Defendants. The Plaintiffs asked the Defendants to consider moving the boathouse to a location in front of the Defendants’ own shoreline. The Defendants declined to do so on the basis that they and their predecessors in title used the boathouse for boat storage and to allow their boats access to the deeper waters, which could only be found in that area of the shoreline....
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