Marquez v. Imbornone


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Docket Number: 2007-CA-01790-SCT
Linked Case(s): 2007-CA-01790-SCT ; 2007-CA-01790-SCT
Supreme Court: Opinion Date: 09-11-2008
Opinion Author: Easley, J.
Holding: Affirmed
Additional Case Information: Topic: Real property - Littoral rights
Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ.
Trial Court: Date of Trial Judgment: 09-07-2007
Appealed from: Hancock County Chancery Court
Judge: Carter Bise
Case Number: C2301-00-00794
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: William E. Marquez, III



 
  • Appellant #1 Brief
    		•
    Appellee: Charles J. Imbornone and Judith L. Imbornone  
    Synopsis provided by:

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    Topic: Real property - Littoral rights
    Summary of the Facts: William Marquez, III, filed suit against Joseph and Mary Fleuriet and Charles and Judith Imbornone, seeking a declaratory judgment and other relief. In his complaint, Marquez claimed that the Fleuriets conveyed water rights he owned to the Imbornones. The chancellor determined that the Fleuriets had reserved the littoral rights in Lots 7 and 9 to themselves, and consequently, Marquez had no littoral rights in the property. Thereafter, the chancellor’s judgment decreed, in part, that the Imbornones, who had bought portions of Lots 7 and 9 with littoral rights from the Fleuriets, were the fee simple-absolute owners of the littoral rights to the property. Marquez appeals.
    Summary of Opinion Analysis: Littoral rights are those rights concerning properties abutting an ocean, sea or lake rather than a river or stream (riparian). Littoral rights are usually concerned with the use and enjoyment of the shore. Littoral rights are not property rights per se, but are merely licenses or privileges. These licenses or privileges are also revocable. The land conveyed to Marquez by Homequity in the warranty deed contained no language which conveyed littoral rights. Looking at the “four corners” of the deed from Homequity to Marquez, no water rights were conveyed. Accordingly, the chancellor did not err in finding that Marquez owned no littoral rights in the property.


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