While the law granting state sovereignty and public access to the part of the beach seaward of the mean high water mark is well settled, the law governing the dry sand part of the beach is far more tenuous and frequently litigated.
While the public trust doctrine ordinarily provides only for public sovereignty over the wet sand part of the beach, some jurisdictions have used an expanded public trust doctrine to extend the beach owned by the state beyond the mean high water mark, holding that adjacent private lands may be subject to public use incidental to the use of the public foreshore.
Ordinarily, just as the shores at the seaside are public land seaward of the mean high water mark, the swath of sand between the waterline and ordinary high water mark of navigable lakes--often defined as the line where vegetation starts--is held in public trust.
68) Further, though public trust lands between the mean high water mark and the waterline may be accessible elsewhere through public beaches or access ways, a court could still find that the landlocked property necessitated an implied reservation.
Since the Higher High Water (HHW), the Lower High Water (LHW), and the MWL values (see Table 26) above local CD are determined for a great number of stations along the eastern seaboard, the Mean High Water mark for most locations can be accurately determined with very little effort.
may include the land extending seaward from mean high water mark and such land adjacent thereto .
The 1975 Nova Scotia Beaches Preservation and Protection Act declares that "beach" means that area of land on the coastline to the seaward of Mean High Water mark, and that land landward immediately adjacent thereto, to the distance determined by the Governor in Council.
Legislative practice assumes that the vertical and horizontal location of the Mean High Water mark, and the level of the highest tide are established and available all along the coastline.
Here the establishment of a permanent property boundary, based on the Mean High Water mark, is totally unrealistic.