Arkansas Canoe Club Forums

I was on the Kings river the other day and I had a conversation with my tandem canoe partner. We were discussing land owner rights to a stream, creek, river, body of water that runs through their property. My question is what is the "Legal Term" for the owners right up to half of the side of the creek that runs through his land? In Arkansas....I THINK....the owner has Certain rights to his/her half. Can anyone help me out on this???? Thx!

I'm sure you'll get quite a bit of feedback to your question.

My own understanding is that the land owner owns the land. Period. That would mean even the land under the creek itself. The property boundaries would be defined by the lay of the land as defined in their abstract whether the creek flowed over it or not.

The right to pass through is the real question and can you step out on the bank, etc. Definitions of navigability, Riparian zones, prescriptive easements, etc. come into play. That can be argued as much as you have breath but the real determination is how the land owner feels about it. Bottom line. Best to always make sure you tread lightly!

A popular creek flows through my property and I don't feel any adverse feelings toward anyone that wants to pass through, as long as they invite me along!

Dave

Who cares

me and a friend do....we can't think of the word or words.....Its annoying not to be able to think of it. ha!

Riparian is the term for the ownership right. Acretion [sp?} means land gained because of river course. Avulsion [sp?] is land lost because of river course. Thalwag is the deepest part of the river.

rynorris wrote:Riparian is the term for the ownership right. Acretion [sp?} means land gained because of river course. Avulsion [sp?] is land lost because of river course. Thalwag is the deepest part of the river.

Perfect. Thanks! That is EXACTLY what I was looking for. You deserve a or