Legal Definitions - right of wharfing out

The right of wharfing out refers to a property owner's legal entitlement to construct a permanent structure, such as a dock, pier, or wharf, that extends from their land into adjacent navigable waters. This right grants the owner exclusive use of the submerged land directly beneath and around the constructed structure, primarily for purposes like mooring vessels, loading and unloading goods, or facilitating waterborne activities.

Here are some examples illustrating the right of wharfing out:

• Commercial Port Expansion: A major shipping company owns land along a busy coastal channel. To accommodate larger container ships and increase its cargo handling capacity, the company decides to build a new, extensive pier that projects several hundred feet into the channel. This new pier will allow multiple large vessels to dock simultaneously.

  In this scenario, the shipping company is exercising its right of wharfing out. This legal right allows them to construct the permanent pier over the submerged land and gain exclusive use of that water space for the commercial purpose of docking and servicing large cargo ships, which is vital for their operations.

• Waterfront Residential Development: A real estate developer purchases a large plot of land on a lakefront to build a luxury residential community. As part of the amenities, the developer plans to construct a community marina with multiple boat slips and a long boardwalk extending from the shore into the lake, allowing residents to moor their private boats.

  The developer is utilizing the right of wharfing out to build the marina and boardwalk. This right grants them the legal authority to erect these permanent structures on the submerged lakebed and dedicate that specific water area for the exclusive use of the community's residents to dock their recreational vessels.

• Industrial Facility on a River: A chemical manufacturing plant is situated on the bank of a navigable river. To efficiently receive raw materials and ship finished products, the plant needs a dedicated facility for barges. They plan to construct a robust loading dock and a short pier extending from their factory grounds into the river, equipped with cranes and conveyors.

  The manufacturing plant invokes its right of wharfing out to build the loading dock and pier. This right permits them to construct these permanent structures on the submerged riverbed, granting them exclusive access to that specific water space for the commercial purpose of loading and unloading barges carrying their industrial goods.