[WSBARP] Selling Property & Retaining Tideland Rights

[Kailei Feeney]

Agreed – it will depend on the parcels, a lot in our state have tidelands and adjacent property as separate TPNs. If so, then also ensuring your client has or creates a necessary grant of access prior to sale will likely be important.

Kailei
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of mlstone at rockisland.com
Sent: Tuesday, December 15, 2020 3:52 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights


If the tidelands are a separate tax parcel, and she is the owner of that tax parcel, then she can sell the uplands and retain ownership of the tidelands.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Inge Fordham
Sent: Monday, December 14, 2020 5:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights

Colleagues,

A PC contacted me with an interesting situation.  She has a waterfront house with tideland rights and a contract to sell shellfish.  She wishes to sell the property but retain the tideland rights and the contract.  Is this even possible?  I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.

Thanks in advance!


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