A Wisconsin buyer is purchasing a property that borders a small stream. The seller argues that the stream is non-navigable and therefore the seller owns the entire stream bed, giving the buyer full control over the stream upon purchase. The buyer's agent knows that Wisconsin's navigability standard is broad. If the stream IS later determined to be navigable under Wisconsin law, which of the following consequences would MOST directly affect the buyer's property rights?
Correct Answer
D) The buyer would retain riparian rights to reasonable use of the stream but would not own the stream bed, which would be held in public trust by the state.
If the stream is determined to be navigable under Wisconsin law, the state holds the bed of the stream in public trust — meaning the buyer does not own the stream bed as private property. However, the buyer still retains riparian rights as an adjacent landowner, including the right to make reasonable use of the water (fishing, swimming, boating, etc.). This is a critical distinction: navigability affects ownership of the stream bed and the extent of public rights in the water, but it does not eliminate the riparian owner's right to reasonable use of the adjacent water.
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