ELR Citation: ELR 20527
No(s). 89-162-Appeal (R.I. Jul 2, 1991)

The court holds that owners of lots that previously abutted Mount Hope Bay do not also own the property created by fill from the dredging of the bay. In 1948, a Corps of Engineers' channel dredging project increased the 10-foot strip of beach alone the shoreline of the bay to a 270-foot area of shoreline. Noting that the plat maps and deeds must be considered together in determining the boundaries of propertywhere the deeds do not contain detailed descriptions, the court holds that the boundaries of the lot owners' property do not extend to the property created by the dredging of the bay. The common grantor of the lots did not convey the 10-foot strip of land that included the high water mark. The court therefore holds that the lot owners' predecessors did not acquire littoral rights. The court also holds that the lot owners did not acquire title to the filled area by adverse possession. Under the public trust doctrine, the state maintains title to the filled area, although an improvement association maintains rights in that area as long as its use is not inconsistent with the public trust. The court holds that the lot owners cannot acquire title to the property by adverse possession because a private party cannot adversely possess public property.

Counsel for Plaintiffs
Turner C. Scott
Kelly, Howe, Scott & Kelley
122 Touro St., Newport RI 02840
(401) 849-4355

Counsel for Defendants
Lauren E. Jones, Robert S. Thurston
Jones Associates
72 S. Main St., Providence RI 02903
(401) 274-4446