What assumption is made regarding a grant of land adjoining a non-navigable or torrential stream?

The assumption that is made regarding a grant of land adjoining a non-navigable or torrential stream is that it passes title to the center of the stream. This principle is rooted in common law doctrines that recognize the rights of landowners to the resources adjacent to their property. When a property owner has land that touches a non-navigable stream, they typically hold rights to not only the land itself but also to the water that flows in the stream, extending to its center.

In the case of non-navigable streams, landowners have the right to use the water for various purposes, such as irrigation or recreational activities. This includes any rights associated with the stream as long as they do not compromise the rights of other adjacent landowners. The title does not extend to the entire body of water or to the stream bed as a separate ownership; instead, it is a shared water resource under the property rights flowing from the edge of the adjoining land to the center of the stream.

Understanding this principle is vital for landowners and surveyors to navigate legal rights related to water sources and property boundaries effectively.