Waterfront Property and Wetlands

Rights of the Public

Because wetlands  are, in fact, attractive to the public, adjoining private lands may be subject to claims that the public has the right to cross the private lands to get to the wetlands or navigable waters. Such claims have been based upon custom, prescriptive easement, or the doctrine of implied dedication. Wetlands may also be classified as a wasteland and be impressed with the rights of the public as a commons and subject to the publicís right to fish, fowl, or hunt.