How is ownership of a water body determined


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Guest: Hi, I have a piece of property that’s adjacent to the, uh, a creek that runs through the back of my property. It’s a tributary to the rouge river.

Brian: Okay.

Guest: And there’s an easement back there that I have to maintain over the course. And over the course of the year, The Creek has, um, grown with trees and what have you. And now it has eroded to a point that you can’t get into it to a, a to do any kind of maintenance in the, um, I’ve had two people out, two, two tree companies out to remove the tree and they won’t move it. And as of this point, the, I’m not getting any cooperation from any municipality.

Brian: So what’s your question

Guest: My question is who’s responsible for that portion of the creek.

Brian: You know, I, I don’t know. And the reason why I don’t know is cause you’re going to need a survey. You’re going to need a study as to how the creek has changed cause, um, when, when water recedes, you have more land. When water expands, you have less land. And I’m not sure exactly the layout of this. And so often in real estate questions. And Justin will confirm this. It depends upon the layout of the property. We heard earlier from a, some people who live on the lake and uh, they have found out as a result of a survey that they own, some lake frontage, uh, much to the Chagrin of their neighbor who likes to play a loud rap music when he’s not there. So we have to get a look at what it, what it, what it is. Why is it you’re so interested in maintaining this or can you just leave it and not worry about it?

Guest: Well, eventually we’ll you roll it in, it’ll take my – the rest of my profit and it’s become awful dangerous too for the people who live in within the boundaries of the creek.

Brian: Yeah. Um, I don’t think you can put up a seawall because you’ve got to get permission from the core to do that, right?

Guest: I would assume so. Yeah. You have any responsibilities for it even though there’s an easement and it’s going to consider it a natural waterway?

Brian: I, you know, I, I don’t know. I gotta be honest with you. I don’t know the answers to those questions, but I can guarantee you that if you want to work with Justin, he’ll find the answers to those questions, all right? Okay. All right. Give him a call, uh, on Monday, uh, or we’ll reach out to you and set them an appointment, okay.

Guest: Alright.

Brian: Thanks for calling the law show.

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