Therefore, the creek was held to be non-navigable and the lake was deemed private under the Alabama Code, limiting the Wehbys use to only those waters over their land or to those lands for which they held an easement. The Wehbys argued that even though their other arguments failed, they possessed an easement, either express or implied, to use the entire lake for recreation. The court quickly found that the Wehbys held neither. Because Hatcher lacked a legal interest in the lake bed and had no authority to transfer any personal right, the Wehbys did not ensure an easement by virtue of purchasing the land and could not claim surface water rights. This decision serves as a caution to riparian landowners to establish an easement to ensure their use of lakes such as Chelsea Place Lake.
Littoral rights are rights of the owners of land abutting surface waters of a lake or sea.
Riparian rights are rights of owners of land abutting a stream. See 78 Am. Wehby at 1246 - 47. Wehby at 1250.