There’s no question that hurricanes, tropical storms and other weather events are becoming stronger. Over time (and sometimes in one event), they can move shorelines and other natural property boundaries.
What does that mean for the property rights of those who own the land that’s affected by these changes? That’s a question that concerns many Texans. Shorelines can move. The direction of water movement in streams and rivers can even shift.
Riparian tracts
When a body of water serves as a boundary for a property, it typically falls into one of two categories. If the water boundary is moving water, like a river or stream, the land is considered a “riparian” tract and the owner a riparian owner. Navigable streams are owned by the state.
Texans whose land is bounded by a river have riparian rights, which means they can use the water in that river. If the waterway changes due to erosion (which wears away the land), accretion (which adds to the land) or reliction (which uncovers land previously submerged), the owner gains or loses land accordingly because the boundary moves as the water shifts. This assumes it’s a permanent shift and not just a seasonal or temporary one.
Littoral tracts
There’s another term, “littoral,” which refers to land with a lake, sea, ocean or other static water boundary (like the Gulf of Mexico). A littoral tract is typically owned up to the shoreline. Generally, as the shoreline moves over time, the owner gains or loses land, as with riparian tracts. However, it’s the property owner to show that the property has accreted or grown.
Most of the time, boundaries aren’t disputed as shorelines change over time. However, if oil or gas are underneath the ground, then there could be a dispute over mineral rights. If you have questions or concerns about the change in your property boundaries or there’s a dispute, having experienced legal guidance is crucial to understanding and protecting your property rights.