A Washington State real estate broker is working with a buyer interested in purchasing a small cabin on a lake in Ferry County. The buyer asks whether the cabin owner has the right to use the lake water for swimming, boating, and fishing. Which of the following best describes the public's right to use navigable waterways in Washington State?
Correct Answer
A) The public has the right to use navigable waters of Washington State for recreational purposes, including swimming, boating, and fishing, regardless of who owns the adjacent land.
Under Washington's public trust doctrine and the state constitution, the waters of navigable lakes and rivers in Washington are held in trust by the state for the public. The public has the right to use navigable waterways for swimming, boating, fishing, and other recreational purposes, regardless of who owns the land adjacent to or beneath the water. The cabin buyer can use the lake for these purposes without needing to own all surrounding land. This is a fundamental principle of Washington water and property law that distinguishes public water use rights from private water diversion rights governed by the prior appropriation doctrine.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
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