In the case of non-perennial streams, what happens to the title of the streambed when it is included in a grant?

In the context of non-perennial streams, when the streambed is included in a grant, the title typically passes with the grant. Non-perennial streams are those that do not flow continuously; they may only have water during certain seasons or periods of rainfall. When a land grant includes the streambed, it conveys the rights to that land, along with ownership of the streambed itself.

This principle is rooted in property law, which distinguishes between perennial and non-perennial water bodies. In the case of non-perennial streams, ownership does not remain ambiguous nor is it retained by the sovereign or surrendered to the state, as those choices would suggest a continuation of state control or lack of clarity in title. Instead, the owner of the land adjacent to or encompassing the stream is granted full rights to the streambed, reflecting the legal understanding that ownership encompasses the land underneath the waterway, even if the water does not always flow.

Thus, recognizing that the title clearly passes with the grant reinforces the understanding of property boundaries and rights related to non-perennial streams in land surveys and legal descriptions.