If a stream is non-navigable, who owns it?

Prepare for the Waco Title Insurance Test. Study with flashcards and multiple-choice questions. Each question comes with hints and explanations to help you succeed. Get ready for your exam!

When a stream is classified as non-navigable, the ownership rules differ from those associated with navigable waters. In the case of non-navigable streams, the general legal principle is that private landowners who own property on either side of the stream have ownership rights that extend to the center of the stream. This means that the landowners have control over the portion of the stream that runs adjacent to their property.

This principle is rooted in the concept of riparian rights, where land ownership along a watercourse gives the owner certain rights to the water and its use, including the land up to the midpoint of the stream. This distinguishes non-navigable streams from navigable waters, where the public has a right to use the water, and state or federal authorities often maintain ownership.

In contrast, other options such as federal government or state government ownership do not apply in this context as they typically pertain to navigable waters or public lands. Moreover, local municipalities typically do not hold ownership of non-navigable streams unless specific ordinances or regulations dictate otherwise. As such, the correct stance on the ownership of a non-navigable stream is clearly attributed to the adjacent landowners.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy