Reliction in Real Estate? Definition, Rights & Examples

Reliction in real estate is the gradual and permanent recession of water, such as a lake, river, or ocean, that exposes previously submerged land. The newly exposed land typically becomes part of the adjacent owner’s property, depending on state law and the type of water boundary involved.

Exam shortcut: reliction must be gradual and permanent. If a question says the water receded only temporarily, seasonally, or because of a short drought, the answer is usually not reliction.

In this article, we will explore the definition of reliction in real estate, how it differs from accretion, and its impact on water rights. We will also discuss how reliction interacts with other important concepts, like riparian and littoral rights, and the doctrine of prior appropriation.

What is reliction in real estate?

Reliction in property occurs when water, like a river or lake, recedes and leaves previously submerged land uncovered. The new land usually expands the property boundaries of the owner. It naturally happens due to weather conditions bringing a shift in the water level, water control, or ground movement.

Reliction exposes more land, which is usually part of the adjoining land. This land can be acquired by the owner legally, so they end up with more land. Legal ramifications may vary with the kind of water body and also with your location, however.

When reliction permanently exposes new land, the adjacent property owner’s bundle of rights automatically extends to that land, the rights to possess, control, enjoy, exclude others from, and dispose of the newly exposed area. No separate deed or purchase is needed: the doctrine operates by law. However, the full extent of those rights may be limited by government restrictions, environmental conservation requirements, or pre-existing easements along the former waterline.

What are reliction rights?

Reliction rights are the legal rights an adjacent property owner may gain when a body of water permanently recedes and exposes new dry land. In many cases, the newly exposed land becomes part of the waterfront owner’s property automatically, without a separate deed or purchase.

These rights are similar to rights gained through accretion because both involve a natural increase in land. The difference is how the land appears. Accretion adds land through the gradual deposit of soil or sediment, while reliction adds land because water withdraws and leaves land uncovered.

Reliction rights are usually tied to the land itself, not just the current owner. That means they may transfer with the property when the property is sold, subject to local law, public trust rules, easements, deed restrictions, and environmental regulations.

What are the differences between reliction and accretion?

While both reliction and accretion deal with the addition of land due to natural processes, they occur in different ways.

• Reliction is the gradual recession of water, leading to the exposure of dry land.
• Accretion, on the other hand, is the process where water slowly deposits sediment, gradually adding land to a property.

Both are distinct in process and how it affects property lines, although the owner can purchase additional land. Reliction adds additional land to the property by removing water, whereas accretion adds land through the deposit of sediments.

It should be noted that both reliction and accretion are governed by natural processes and not by property owners or at their behest. The ownership of the land thus gained in terms of legislation will be controlled by local rules and regulations. In Florida, where Gulf Coast properties regularly gain or lose land through tidal changes, reliction questions appear frequently on the Florida real estate sales associate exam. New York’s Long Island and Hudson River properties face similar dynamics, tested on the New York real estate salesperson exam.

Tidal vs. Non-Tidal Reliction

Reliction rights can depend on whether the water is tidal or non-tidal. In tidal waters, such as oceans, bays, and some tidal rivers, the boundary is often measured by a high-water line, such as the mean high-water mark. If the water permanently recedes, the exposed land may raise questions about whether the private boundary moves with the shoreline.

In non-tidal waters, such as many lakes, ponds, rivers, and streams, the boundary rule can be different. Some jurisdictions treat the property boundary as extending to the centerline or thread of a non-navigable stream, unless the deed or state law says otherwise. For exam purposes, the important point is that the type of water body affects how reliction changes property boundaries.

The impact of reliction on property ownership and boundaries

When reliction occurs, the boundaries of shoreline properties can significantly shift. When water recedes, it can expose land that was previously submerged, and in most cases, this land is owned by the owner of the adjacent land. However, legal ownership of this new land can be determined by a range of factors, including:

• Local property laws: Different states or regions may have varying rules about how reliction affects property ownership.
• Water rights laws: Riparian and littoral rights may influence how the exposed land is treated legally.
• Land ownership history: In some cases, historical land boundaries or property agreements may affect ownership rights to the newly exposed land.

It’s important for property owners to understand how reliction could impact their property and whether they will gain legal ownership of any newly revealed land. Consulting with legal experts in real estate and water rights is highly recommended to ensure clarity on how these issues apply to individual situations.

Reliction can significantly increase a property’s value, a wider beach or larger lakefront lot is more desirable. When the expanded property is sold with personal property items like docks, boats, or waterfront equipment, the buyer may finance the purchase with a package mortgage that covers both the real property (including the reliction land) and the personal property under a single loan. The appraisal for the mortgage must account for the expanded lot size, which may require an updated survey showing the new waterline.

Pre-existing easements in gross along the former waterline, such as utility company access rights for water intake pipes, drainage systems, or environmental monitoring equipment, do not disappear when the water recedes. The utility company retains its easement rights over the newly exposed land, which means the property owner cannot build on or obstruct the easement area even though the water is gone. Before developing reliction land, always verify whether utility easements follow the old or new waterline.

Understanding littoral and riparian water rights in real estate

Water rights play a crucial role in determining property ownership around bodies of water. Two common types of water rights are littoral rights and riparian rights, both of which are important for waterfront property owners.

• Littoral rights pertain to properties located on non-flowing bodies of water, such as lakes or oceans. These rights allow property owners to use the water, but ownership typically only extends to the high-water mark. If reliction occurs, and land is exposed due to the receding water, the property owner may gain legal ownership of the new land that was once submerged.
• Riparian rights are for property along flowing streams of water, such as a river or a stream. Riparian rights grant the owners of the property use of the water and some right to use. With reliction, in the event of a river or stream drying up and exposing land, the property owner may own the new land, depending on the state.

Both types of water rights can affect the way reliction is interpreted and how new land ownership is determined. Understanding these rights is essential for waterfront property owners to protect their legal interests.

How the doctrine of prior appropriation relates to reliction

The doctrine of prior appropriation is a water-rights rule used mainly in western states. Instead of tying water rights only to land ownership next to the water, prior appropriation focuses on priority of beneficial use. The basic idea is often summarized as “first in time, first in right.”

This matters for reliction because ownership of newly exposed land and the right to use water are not always the same issue. A waterfront owner may gain dry land through reliction, but that does not automatically mean the owner gains superior rights to divert or use the remaining water.

For example, imagine a rancher has a senior water right to divert water from a river for irrigation. Over time, the river permanently recedes and exposes new dry land next to a neighboring parcel. The neighboring landowner may have a reliction argument for the exposed land, but the rancher’s prior appropriation right may still control the use of the water itself.

Exam tip: reliction is about land exposed by receding water. Prior appropriation is about the priority right to use water. A question may mention both, but they test different rights.

Reliction and waterfront property

Waterfront properties are particularly susceptible to the effects of reliction. When water recedes, exposing additional land, property owners may find themselves with more land than they originally owned. This is especially relevant for properties along lakes, rivers, and other bodies of water.

However, owning newly exposed land does not automatically mean that the landowner has clear title to it. Local laws may require the property owner to take specific actions to claim ownership, or they may be subject to legal disputes with neighboring landowners.

In developed waterfront communities, the newly exposed land from reliction may also be subject to deed restrictions that already apply to the original parcel. If the subdivision’s CC&Rs restrict building within a certain distance of the original shoreline, or prohibit structures on the waterfront portion of the lot, those restrictions extend to the newly gained land. A property owner who assumes they can build on reliction land without checking the deed restrictions may face HOA enforcement actions.

Additionally, property owners should be aware that their rights to newly exposed land may be subject to easements or other restrictions, particularly if the land is used for public purposes or environmental conservation. In Kentucky, reliction along the Ohio River raises ownership questions when water levels permanently recede — a scenario covered on the Kentucky real estate broker exam. Oklahoma’s numerous lakes and river systems create similar situations, tested on the Oklahoma real estate broker exam.

Reliction Example for the Real Estate Exam

Victor’s family has owned a lake house for decades. When Victor was a child, the beach behind the house was only four feet wide before the waterline. Now, when Victor brings his own children to the lake, the beach is nearly seven feet wide. The water has gradually and permanently receded over many years, exposing new dry land.

This is reliction. The land did not appear because soil washed up on the shore. It appeared because the water withdrew. If the change is permanent, the newly exposed beach may become part of Victor’s waterfront property, depending on state law.

Exam question: Jamie owns a lakeside home. Over several years, the lake has permanently receded and doubled the size of the beach behind his house. What is this process called?

Answer: Reliction.

Frequently Asked Questions

What are reliction rights?

Reliction rights are the ownership rights an adjacent property owner may gain when water permanently recedes and exposes new dry land. These rights are usually tied to the waterfront property and may transfer with the property when it is sold.

Does reliction have to be permanent?

Yes. Reliction usually must be gradual and permanent to affect property rights. A temporary drought, seasonal water drop, or short-term change in water level usually does not count as reliction.

What is the difference between reliction and accretion?

Reliction happens when water recedes and exposes land. Accretion happens when water gradually deposits soil or sediment, adding land to a property. Both can increase a waterfront owner’s land, but they happen through different natural processes.

Is reliction the same as avulsion?

No. Reliction is gradual, while avulsion is sudden. If water slowly recedes over time and exposes land, that is reliction. If a flood or sudden event rapidly changes the land or water boundary, that is usually avulsion.

Who owns land exposed by reliction?

In many cases, the adjacent waterfront owner may gain rights to land exposed by reliction. However, ownership depends on state law, the type of water body, public rights, easements, and environmental restrictions.

Summing-up

Understanding reliction in property and how it affects property ownership is essential to owners of waterfront properties. Whether the issue is water level changes or fuzzy boundaries, you should understand how reliction can affect your rights.

If you are preparing for the real estate exam, knowing such topics as water rights, reliction, and other land-use legislation is crucial to success. At Lexawise, we provide full study materials and resources that are designed to help you pass your exam and become an educated real estate professional.

Reliction, accretion, avulsion, and erosion, and their effect on property ownership, are tested on every state licensing exam. Our real estate exam prep covers every water law and land change concept your state exam tests.