Legal Definitions - navigation easement

A navigation easement is a legal right that allows individuals or the public to travel over or through a body of water, even if that water is located on or adjacent to private property. It grants the right to navigate, meaning to operate a boat or other watercraft, without owning the underlying land or waterbed. This right ensures access for travel and commerce on navigable waterways, which are typically defined as waters capable of being used for public or commercial transportation.

• Example 1: Public Access on a Private River

  Imagine a scenic river that flows through a large, privately owned ranch. While the rancher owns the land bordering the river and potentially the riverbed itself, if the river is classified as a navigable waterway, the public generally holds a navigation easement. This means that recreational kayakers, canoeists, or anglers can legally travel along that section of the river without trespassing on the rancher's property, provided they stay within the navigable channel.

  This example illustrates a public navigation easement, where the general public has a right to use the water for travel, despite private ownership of the adjacent land and the riverbed.

• Example 2: Marina Access Through a Neighbor's Bay

  A small, private marina wishes to expand its operations but needs to dredge a deeper channel through a shallow bay to reach open water. Part of this bay is technically within the property lines of an adjacent waterfront homeowner. The marina could negotiate a navigation easement with the homeowner, granting the marina the specific right to maintain and use that dredged channel for its boats to pass through, even though it lies over the homeowner's property.

  This demonstrates a private navigation easement established by agreement, allowing a specific entity (the marina) to use a defined water path over another's property for navigation.

• Example 3: Government Maintenance of a Shipping Channel

  The U.S. Army Corps of Engineers plans to deepen a major shipping channel in a busy harbor to accommodate larger cargo vessels. This project might require dredging operations that extend into areas historically considered part of private waterfront properties or submerged lands. The government, under its authority to regulate navigable waters, often possesses or can assert a navigation easement to perform such work. This ensures the channel remains open and functional for commercial navigation, even if it impacts private property rights in the water column or submerged land.

  This example illustrates a governmental navigation easement, where the government exercises its right to maintain and improve navigable waterways for public benefit, potentially affecting private property interests to ensure continued navigation.