Sovereign Submerged Lands are lands that lie beneath navigable waters and are owned by a government rather than by private individuals. These lands typically include the bottoms of oceans, bays, rivers, lakes, and other navigable waterways extending to the ordinary high-water mark or another legally established boundary.
In the United States, ownership of submerged lands generally belongs to the individual states under the Equal Footing Doctrine, although the federal government owns submerged lands in certain offshore areas, territories, and federally controlled waters. The government holds these lands in trust for the public, protecting rights such as navigation, fishing, commerce, and recreation.
Sovereign submerged lands are often subject to special laws that limit or prohibit private ownership or development. Although adjoining waterfront property owners may receive certain rights, such as access to the water or the ability to obtain permits for docks and piers, they generally do not own the submerged land itself unless ownership has been specifically conveyed by the government. Real estate professionals working with waterfront properties should understand that ownership of the adjacent upland does not automatically include ownership of the land beneath the water, and any proposed improvements or uses may require approval from the appropriate state or federal agency.
Sovereign Submerged Lands
