What Are the Shorefront Property Owners Rights in the Intertidal Zone?
Because their ownership extends to the low tide line, shorefront property owners generally have the same rights in the intertidal zone as they have in their upland property, so long as public rights are respected. They can sell or lease the intertidal zone,5 but if they do, the land is still subject to the public easement. Shorefront property owners can sue for trespass all persons who use the intertidal zone for purposes other than those allowed by the public easement.6 Shorefront owners’ rights differ from other property owners’ in two respects. First, because of the tidal action on their land, the boundary of shorefront property may change due to accretion (the gradual building up of sand or soil) or erosion (the gradual loss of sand or soil).7 Second, shorefront property owners have a somewhat privileged position with respect to developing the intertidal zone. With the appropriate permits, for example, shorefront property owners have the exclusive right to wharf out or to attach a
