Legal Definitions - wharfing out, right of

The right of wharfing out refers to a legal entitlement held by owners of land that borders a body of water (often called riparian or littoral owners). This right allows them to construct structures, such as wharves, piers, or docks, that extend from their property into the adjacent water.

While considered a fundamental aspect of waterfront property ownership, this right is not absolute. It is almost always subject to various governmental regulations at local, state, and federal levels. These regulations typically address concerns such as public navigation, environmental protection, water quality, and zoning. Property owners exercising their right of wharfing out must ensure their structures do not unreasonably interfere with public rights or the similar rights of neighboring waterfront property owners.

• Example 1 (Private Residential Dock):

  Sarah owns a house on a tranquil riverfront. She wants to build a small, private dock to launch her canoe and enjoy fishing. Her right of wharfing out provides the legal basis for her to apply for the necessary permits from local and state authorities. These agencies will review her plans to ensure the dock doesn't obstruct river navigation, negatively impact aquatic habitats, or violate any local zoning rules regarding dock size or placement.

• Example 2 (Commercial Marina Expansion):

  A company operating a marina on a large bay decides to expand its facilities by adding several new boat slips and a fuel dock. The company's right of wharfing out allows them to propose and seek approval for these new structures. However, because the bay is a navigable waterway and the project is commercial, they would face a rigorous permitting process involving federal agencies like the Army Corps of Engineers, state environmental protection departments, and local planning commissions. These bodies would assess the project's impact on navigation, water quality, coastal ecosystems, and public access.

• Example 3 (Property Line Dispute):

  Mr. Chen and Ms. Rodriguez own adjacent oceanfront properties. Mr. Chen decides to build a new pier for his sailboat. Ms. Rodriguez becomes concerned that Mr. Chen's proposed pier extends too far into the water and will block her view and potential access for her own future dock. While Mr. Chen has a right of wharfing out, this right does not permit him to infringe upon Ms. Rodriguez's similar rights or unreasonably obstruct her property. Local ordinances often specify how far a pier can extend and its minimum distance from property lines to ensure equitable use of the waterfront by all owners.