Reliction in Real Estate: Everything You Need to Know

Reliction is a real estate law term for the slow recession or withdrawal of water, like a lake or river, that leaves formerly submerged land exposed. This alteration of the land can have a considerable impact on the ownership of property, especially waterfront property, because it can change property boundaries. Knowing how reliction occurs and its legal consequences can assist property owners in dealing with any alteration of their land ownership rights.

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.

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.

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.

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 legal principle applied in many western states in the U.S. under which water rights are allocated based on the first person to divert and use water. This doctrine can impact reliction in real estate, particularly in states that follow prior appropriation laws.

Under prior appropriation, the person who originally diverted the water or used it for a beneficial purpose may have priority over others in terms of water rights. If reliction causes water to recede, and new land is exposed, the prior appropriator may have certain claims to this land, depending on the state’s legal framework.

This principle can be complex, and property owners who are affected by reliction may need to consult legal professionals familiar with water rights laws to understand their rights to newly exposed land.

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.

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.

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.

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