Olaf owns a riparian lot on a Minnesota lake. His property deed describes the boundary as running to the 'ordinary high water mark' of the lake. After an unusually wet decade, the lake's water level has permanently risen, and the OHWM has moved landward by 20 feet, now cutting through what was previously Olaf's dry yard. A neighbor argues that Olaf has lost ownership of the 20-foot strip now below the new OHWM. Which legal principle best determines the ownership of this 20-foot strip under Minnesota law?
Correct Answer
C) Erosion — Olaf loses ownership of the 20-foot strip because his boundary is defined by the OHWM, which has permanently moved landward
When a riparian property boundary is defined by the ordinary high water mark (OHWM), and the OHWM permanently moves landward due to gradual processes (including a sustained rise in lake level), the riparian owner's boundary moves with it — this is the principle of erosion applied to riparian boundaries. Olaf's deed ties his boundary to the OHWM, so as the OHWM shifts landward, Olaf's upland property shrinks accordingly. The 20-foot strip that is now below the OHWM falls within the state's public waters boundary. This is the legal consequence of tying a deed boundary to the OHWM rather than to a fixed metes-and-bounds description.
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Related Concepts
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
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