[WSBARP] Public access to creeks

[Tom Westbrook]

Craig,



Your client should tell their neighbors in some nice way to “pound sand”
and stay of your client’s private property. “To be more specific, on a
nonnavigable stream, a conveyance “to” or “along” either side of the stream
is presumed to convey title to the “thread” of the stream, which is the
deepest point in the main channel.” § 13.5. Boundaries—Water boundaries, 18
Wash. Prac., Real Estate § 13.5 (2d ed.)



As has been mentioned in prior posts, the upland owner owns to the middle
of the non-navigable waterway unless a prior owner may have conveyed some
portion of the waterway. This has been the law forever and remains so in WA.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





Rodgers Kee Card & Strophy, P.S.

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Craig Gourley
*Sent:* Friday, August 13, 2021 10:45 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Public access to creeks



Listmates  While I am sure that different waterways have different rules (
navigable v. non navigable for example) is anyone familiar with any rule
that says the state owns or has rights over 30 feet on each side on a non
navigable stream?  Client has neighbors claiming they can use 30 feet of
his property adjoining the water for their drunken frolics as it is “state
land”.  Never heard of that before. Anyone else?



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