OUTSHORE BOUNDARIES. Publication Date: January 2012

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1 GUIDE TO OUTSHORE BOUNDARIES Publication Date: January 2012 Last Revision Date: July 2015 to update cover pages. New York State Association of Professional Land Surveyors 2016 Annual Conference Turning Stone Casino

2 This guide is intended to assist the user in identifying the ownership of lands now or formerly under the waters of the State. A thorough search of statute and case law may reveal waterbody specific determinations which may have not been mentioned here. Originally Prepared by: Richard W. Bennett, L.S., Assistant Bureau Chief John M. Hernick, L.S., Public Lands Surveyor Examiner Ralph Hill, L.S., Land Surveyor Richard W. Bennett has since retired from the Office of General Services in 2013 and continues to assist the surveying profession by contributing to this guide and giving talks and presentations on the subject. John Hernick also has retired from the Office of General Services in 2014 and enjoys his retirement in Rensselaerville. Current Staff: Ralph Hill, L.S., Public Lands Surveyor Examiner Richard Scott, L.S., Land Surveyor New York State Office of General Services Bureau of Land Management 26 th Floor, Corning Tower Empire State Plaza Albany, NY The material contained herein is intended to be used as reference only and not as a substitute for legal advice.

4 (0) Is the water body Tidal? Yes (1.0) No (2.0) (1.0) Is the tidal water body located within the bounds of an upland grant? Yes (1.1) No (1.2) (1.1) Examine the language of the patent. Grants of upland patents made to the freeholders of a town may include tidal lands underwater. Colonial Patents to Long Island towns included all lands under water within the boundaries of the patent. Portions of the Great South Bay would be a good example of this situation. The outshore boundary of adjacent upland property goes to mean high water. (1.2) Is the tidal water body located within a Lands Under Water (LUW) grant? Yes (1.21) No (1.22) (1.21) Title to parcels of land along tidal water bodies included within a grant is held by the patentee or the successors to the patent. Outshore boundaries of a deed which comes from a grant of LUW, go to the exterior boundary of the grant. A deed running along a tidal body of water within or adjacent to a LUW grant, which is silent on the LUW grant, conveys title to the grant or portion thereof, absent any language to the contrary. Riparian/Littoral boundaries located along the side boundaries of a land under water grant follow the grant boundaries. Examples of this situation could easily be found around NYC, Long Island and the Hudson River. (1.22) Outshore boundaries of upland parcels of land, bounded by ungranted tidal water bodies, go to the last know natural location of mean high water, prior to the placement of fill. Non-Tidal (2.0) River or Stream (2.1) Lake (2.2) (2.1) Is the fresh water river or stream located within the bounds of an upland grant? Yes (2.11) No (2.12) (2.11) Title to the bed of a fresh water river or stream included within the bounds of an upland patent may be held by the patentee or the successors to the patent. A deed running along a river or stream, absent any language to the contrary, caries title to the center or thread of the river or stream. An example of this could be the Salmon River within the bounds of the McCombs Purchase (Douglaston Manor Case). A deed running along the shore or bank of a river or stream might be limited to the bank or shore. (2.12) Is the river or stream located within the bounds of a Lands Under Water Grant? Yes (2.121) No (2.122) (2.121) Title to parcels of land along a fresh water river or stream included within a lands under water grant is held by the patentee or the successors to the patent. Outshore boundaries, of a deed which comes from a grant of LUW, go to the exterior boundary of the grant. A deed,

5 running along a river within a LUW grant, which is silent on the LUW grant, conveys title to the grant or portion thereof, absent any language to the contrary. Riparian boundaries located along the side boundaries of a land under water grant follow the grant boundaries. Examples for this situation can be found along the Upper Hudson, the Mohawk and Niagara Rivers. (2.122) Outshore boundaries of parcels of land, bounded by ungranted sovereign owned fresh water rivers or streams go to the last know natural location of high water, prior to the placement of fill. Examples of this situation can also be found along the Upper Hudson. Mohawk and Niagara Rivers. Lake (2.2) Is the lake located within the bounds of an upland grant? Yes (2.21) No (2.22) (2.21) Title to the beds of fresh water lakes included within the bounds of an upland patent may be held by the patentee or the successors to the patent. An example of this could be Saratoga Lake within the bounds of the Kayaderosseras Patent. A deed running along the lake, absent any language to the contrary, caries title to the center of the lake. A deed running along the shore or bank of a lake might be limited to low water. (2.22) Is the lake located within the bounds of a Lands Under Water Grant? Yes (2.221) No (2.222) (2.221) Title to the bed of a fresh water lake included within a grant of lands under water is held by the patentee or the successors to the patent. Outshore boundaries of a deed which comes from a grant of LUW carries title to the exterior boundary of the grant. A deed, running along the lake within a LUW grant, which is silent on the LUW grant, conveys title to the grant or portion thereof, absent any language to the contrary. Littoral boundaries located along the side boundaries of a land under water grant follow the grant boundaries. (2.222) Outshore boundaries of upland parcels of land, bounded by ungranted sovereign owned lakes go to the last know natural location of low water or mean low water, prior to the placement of fill.

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