Legal Question in Real Estate Law in New York
Waterfront property owner's property line extension beyond waterfront
My waterfront property side border lines are not perpendicular to the body of water I am on. Does my water rights from the two front corner posts extend on to the water on a perpendicular line to the water way or continue in a straight line consistent with the side border lines? I am building a boat dock and want to make sure it is not infringing on my neighbors property rights which it will be if my line of use is not considered to be the perpendicular line to my corner posts.
1 Answer from Attorneys
Re: Waterfront property owner's property line extension beyond waterfront
I am not familiar with your property; in particular, the body of water adjacent to your land.
If the body of water is not private, than regulations must be followed under NY Public Lands Law section 75 for building a dock. The law states (in part) the following:
"(b) (Added, L 1992) No wharf, dock, ... shall be constructed, erected, anchored, ... in, on or above state-owned lands underwater,... unless a lease, easement, permit, or other interest is obtained from the commissioner, which authorizes the use and occupancy of those state-owned lands underwater to be affected by such act or acts....
Pursuant to the law, I would make application with the State before construction of the dock.
Mike.
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