Chapter 22 : Riparian Lands

• Library: Standards for Examination of Real Estate Titles in Arkansas (2021 Ed.)

CHAPTER 22: RIPARIAN LANDS

Standard 22.1 Accretions

Accreted lands belong to the owner of the contiguous land to which addition is made.³²² The boundary lines shift with the body of water.³²³

Standard 22.2 Avulsions

Changes in the location of a body of water due to an avulsion do not affect boundary lines. Rather, the boundary lines remain fixed and permanent, as they existed immediately before the avulsion.³²⁴

Standard 22.3 Mineral Rights under Artificially Created Navigable Waters

By statute, Arkansas has disclaimed any interest in mineral rights underlying navigable waters that have been artificially created.³²⁵

Standard 22.4 Cessation of Navigability

When a body of water ceases to be navigable, the title of the State of Arkansas ends, and title to the bed of the formerly navigable waterway vests in the then riparian owners.³²⁶

Standard 22.5 Emerging Islands

1. Where islands form in navigable waterways within the boundaries of a former owner of riparian lands, such islands belong to the former owner.³²⁷
2. Where islands form in navigable waterways outside the boundaries of any former riparian owner, such islands belong to the State of Arkansas.³²⁸
3. Ownership of islands forming in non-navigable waterways depends upon the location of the thalweg

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