Also known as: shores · littoral
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Land lying between the lines of high- and low-water mark.
Land adjacent to a body of water regardless of whether it lies below or above the ordinary high- or low-water mark.
Land lying between the lines of high- and low-water mark.
Select any source to read its text and confirm it supports the definition.
Land adjacent to a body of water regardless of whether it lies below or above the ordinary high- or low-water mark.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Sabrina Shah owns upland parcels bordering a lake. The state asserts that public navigation rights along the shore prevent her from restricting access. Under the applicable rule those rights do not qualify as servitudes that bind her title.
Condemnation of the burdened estate modifies or terminates a servitude only to the extent the new public use conflicts with continued exercise of the easement. The easement survives in modified form when the basic purpose remains compatible with the new layout.
Supporting sources
A servitude created by express grant ends by its own terms when a stated terminating event occurs. Fencing the shoreline so that the servient parcel no longer provides lake access satisfies a condition limiting duration to cessation of access.
Supporting sources
Trespass to land is complete upon intentional physical invasion of the possessory interest. Causing third persons to step from boats onto the beach satisfies the intent element and supports liability without proof of actual harm.
Supporting sources
The privilege to defend property permits only force that the actor reasonably believes necessary to terminate an intrusion. Handcuffing a nonthreatening guest for three hours exceeds reasonable necessity and defeats the privilege.
Supporting sources
Stella Shapiro owns shore land next to a marina. An earlier action already determined the boundary between her parcel and the water's edge. The court permits offensive use of that finding against the marina because fairness considerations are satisfied.
Sarah Sullivan seeks to operate an assisted-living facility on shore property. State law bans the use. The court upholds the ban because the right to build on shore land is not deeply rooted in the nation's history and tradition.
Sebastian Santos purchases shorefront acreage for industrial development. The village ordinance limits the land to residential cottages. The restriction is sustained because it bears a substantial relation to public health and general welfare.
Steven Silva acquires shore property zoned for beach cottages. A new coastal regulation bars all construction. The owner recovers compensation because the rule eliminates every economically beneficial use of the parcel.
Simone Sanders receives a permit to rebuild a shore house. The commission requires a public path across the beach. The condition is invalid because it lacks an essential nexus to any legitimate state interest in public access.
…act. It is further admitted that the bank and its branch had not paid $15,000 in advance to the Treasurer of the Western Shore of Maryland for the use of the State, before or since the issuance of those notes, and that the Treasurer, under direction of the Governor and Council, was ready and offered to deliver…