What is the name of your state? Washington
Mike,
I have a situation on my waterfront property were two old and rather large docks are, I believe, in my rightfully "owned" water rights area. I say "owned" in quotes because I know waterfront rights are not de-facto possession of real estate but rather a right that is owned in a usage sense. This right, as I am able to deduct, is the permissive right that originates in RCW 79.90.105 - and is referenced in numerous documents by Pierce County and the Washington State Department of Ecology. These rights in RCW 79.90.105 are, as I call it, "abuttment" rights because this term is pervasive. This term "Abutt" (RCW uses 2 "t's") also comes up in my Tax Property Description as...."TOG/W TDLDS ABUTT" which also gives me rights to the Second Class Tidelands, I believe.
I plan to live at this waterfront address for a long time. I moved there January 2000. The two old docks are at least 30 to 40 years old and located right in front of and well within my extended property lines....140' of waterfront. These docks are either in my Second Class Tidelands and/or in the RCW 79.90.105 "Abuttment" area. They are owned by two families in my neighborhood. At least one dock was handed down through two generations and I will assume the other was too. Neither family owns waterfront.....they live on the hill in the western section of the neighborhood in which I live at.
My goal:
To first determine what rights I have and to what geopgraphic area they pertain to. To have an acknowledgment by the party's that they are indeed using my right and that I, nor my property in abuttment, have given away said rights. I would like the party's to make no improvements to the docks so as to not set more precedence and perhaps a climate of acquiescence of rights on my behalf. I would like to "reclaim" this usage right sometime in the future for rightful recreational use by placing my own dock there. Lastly, have the parties either move or remove their docks so that I may use my rightful space at some, to be determined, future date.
GML
Mike,
I have a situation on my waterfront property were two old and rather large docks are, I believe, in my rightfully "owned" water rights area. I say "owned" in quotes because I know waterfront rights are not de-facto possession of real estate but rather a right that is owned in a usage sense. This right, as I am able to deduct, is the permissive right that originates in RCW 79.90.105 - and is referenced in numerous documents by Pierce County and the Washington State Department of Ecology. These rights in RCW 79.90.105 are, as I call it, "abuttment" rights because this term is pervasive. This term "Abutt" (RCW uses 2 "t's") also comes up in my Tax Property Description as...."TOG/W TDLDS ABUTT" which also gives me rights to the Second Class Tidelands, I believe.
I plan to live at this waterfront address for a long time. I moved there January 2000. The two old docks are at least 30 to 40 years old and located right in front of and well within my extended property lines....140' of waterfront. These docks are either in my Second Class Tidelands and/or in the RCW 79.90.105 "Abuttment" area. They are owned by two families in my neighborhood. At least one dock was handed down through two generations and I will assume the other was too. Neither family owns waterfront.....they live on the hill in the western section of the neighborhood in which I live at.
My goal:
To first determine what rights I have and to what geopgraphic area they pertain to. To have an acknowledgment by the party's that they are indeed using my right and that I, nor my property in abuttment, have given away said rights. I would like the party's to make no improvements to the docks so as to not set more precedence and perhaps a climate of acquiescence of rights on my behalf. I would like to "reclaim" this usage right sometime in the future for rightful recreational use by placing my own dock there. Lastly, have the parties either move or remove their docks so that I may use my rightful space at some, to be determined, future date.
GML