Becker v. Litty

318 Md. 76, 566 A.2d 1101 (1989)

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Becker v. Litty

Maryland Court of Appeals
318 Md. 76, 566 A.2d 1101 (1989)

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  • Written by Alex Ruskell, JD

Facts

Litty (defendant) wanted to build a bridge with three feet of vertical clearance to connect her island property to the mainland. Becker (plaintiff), a neighboring riparian property owner, sued to stop the bridge. Becker argued that the only way he could access the Choptank River with his boat was to sail through the channel that the bridge would cross. Otherwise, the surrounding water ways were too shallow to permit navigation to the Choptank. The court ruled in Litty’s favor, finding that the right of navigation was a public right and riparian owners only had a right to access the water immediately in front of their properties.

Rule of Law

Issue

Holding and Reasoning (Adkins, J.)

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Casebooks

Environmental Law

Key Terms

  • Navigable WatersUnder the federal test, bodies of water that could, or with improvements could, be used by boats for transportation or commerce. Small or shallow bodies of water usable by boat only for recreation do not qualify as navigable for federal purposes. However, states may adopt their own tests of navigability and may include waters usable by boat only for recreational purposes.
  • Riparian Property RightA property right governing the use of water by someone whose land adjoins a watercourse, e.g., an above-ground or below-ground lake, river, or stream.

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