Maxim 5.2.22
The shore is where the highest wave from the sea has reached.
Source: Dig. 50, 16, 96; Weisman, 70h
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The boundary between sea and land is fixed at the line of the highest tide — everything below that line belongs to the public. In the American system, the sovereign is the People, and public trust lands below the high-water mark are held for their benefit, not for the government's exclusive use.
Where this applies
- A beachfront property owner and a fisherman dispute where the owner's land ends and the public shore begins, and the court draws the line at the highest tide mark.
- A developer builds a seawall and claims ownership of the newly exposed sand, but the court rules the shore extends to the highest wave line, which is public land.
- Two towns argue over which has jurisdiction over a stretch of coastline, and the boundary is settled by determining where the highest tide reaches.
Legal domains
Cite this maxim
NeCede Max. 5.2.22 — The shore is where the highest wave from the sea has reached. — Dig. 50, 16, 96; Weisman, 70h
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