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Extended Family

Can a niece clam land that belongs to a dead uncle?



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Yes, in general, clams are naturally occurring animals and do not become part of the land upon which they are found, so they can be harvested by anyone, as long as it is below the mean high tide line.

Better that the niece get them than some strangers wandering by, especially if the dead uncle has spent a lot of time cultivating them.

If the clams are in a fenced area on private property, then no, the niece would need permission of the heirs to the uncle's estate (specifically the persons who get the land) before clamming in that area.