Chapter 75 Question 066

Why does tort law often temporarily suspend homeowners' property rights to waterfronts? City dwellers do not have the right to cross someone's property with the intention of hastening their journey to their intended destination.They must use sidewalks, or other public roads, to get where they want to go.However, in many jurisdictions, lakeshore and waterfront properties are governed by different statutes.For example, if someone who lives in a lakeside cabin wants to visit a friend who lives in their third cabin to the north, they can walk right through the two properties in between, even if the owners strongly object to this.Why is there such a difference?

Like any law, tort law has costs and benefits.Since homeowners place a lot of emphasis on personal privacy and security, homeowners benefit naturally if others are prohibited from trespassing on their land.In the process, others cannot choose the most convenient route to the destination.However, these costs and benefits vary widely in different environments. Assume that in a city block, the owner of house A wants to visit a friend who lives in house D, as shown on the left in the picture above.He can take a short cut and go through the backyards of houses B and C.If he had to cross the two properties, his walking distance would increase, but not by much because the public road was nearby.In this case, the value of privacy is higher than the value of cutting corners.

Now assume that the above house is located by the lake, as shown on the right of the picture above.If a person who lives in A wants to visit a friend who lives in D, if she is allowed to cross the road next to houses B and C, she will not have to walk very far.But if she can only use public roads, she must cross a steep mountain road for a mile or two, drive north for another mile or two, and finally pass another steep mountain road.In many cases, the cost of such a long journey provides good reason for a reprieve from enforcing waterfront industry tort laws. But this explanation is not complete, because sometimes, even if there is a road on the shore, the tort law does not apply to the waterfront industry; Protect private property.The inapplicability of tort law to the waterfront industry appears to be rooted in the fact that since ancient times waters have been public property and open to all.This openness is meaningless without corresponding access rights.In the past, many people used fishing as a profession, and the right to access was economically important.In places with a thriving fishing industry, like Maine, newcomers can stir up local controversy if they restrict others from using their beaches.