Many people flock to Florida every year for the beautiful beaches and coastal views. However, owning waterfront property comes with special rules and regulations that you should carefully consider before buying coastal property in Florida. Further complicating the matter is that Florida has oceanfront homes, lakefront properties, and canal-front estates, each with its own unique requirements. Here are the key rules to know if you are considering a waterfront property purchase.
Public v. Private Beach Ownership
Some buyers are disappointed to buy a piece of pristine property next to the beach and then see tourists and visitors trampling through it. The first thing you should understand is that you may not actually own the beach near your property. Florida’s beaches are a combination of public and private ownership. Florida generally owns the land below the mean high-water line, defined as the average height of the high tides. This is usually property allowed for public access. Your property line may end at this line, so don’t be surprised if you see people in this area.
Your property may also be subject to easements so that the public can access the public beach. These issues sometimes lead to costly boundary disputes that require you to use surveys and historical data to protect your property interests. A title search will reveal recorded easements relating to the property.
Understanding how public entitlement laws and private property rights affect each other is essential when considering a purchase of this nature. An experienced Florida real estate attorney can help explain your rights and potential complications as you make your buying decision.
Coastal Protections
Florida Statute §161.57 mandates that Florida property owners who own coastal property disclose that the land may be subject to coastal erosion and federal, state, or local regulations. The seller must provide the buyer with an affidavit or a survey meeting the requirements of the Florida statutes and delineating the location of the “Coastal Construction Control Line” (CCCL) on the property (the buyer can also waive this right). Properties that are within the CCCL are subject to certain regulations aimed to better protect beaches and marine life. The types and sizes of buildings and their distances from the waterline are also regulated.
Dock Laws
Beachfront property may involve other complex zoning laws, including whether you can add a structure such as a dock on the property. Placing a dock on the property is not necessarily a right. Several factors specific to your particular property can affect your legal ability to install one.
Stringent local regulations can dictate whether you can install a dock on your property. Some buyers may purchase a property intending to maximize their use of vessels and water sports, only to later discover that a dock is prohibited.
Even if the property has an existing dock, this does not mean that the previous owner followed the permitting requirements. You may be required to remove it if permit requirements or local regulations were not followed. There are also local regulations regarding boat size and dock usage.
It is essential you conduct due diligence to ensure that your purchase aligns with your intended use of the property.
Structural Integrity and the Environment
Waterfront properties are more susceptible to the elements than properties that do not adjoin the water. As such, more inspections and structural tests are necessary to determine if the property can withstand hurricanes. Waterfront properties may also be in flood-prone areas. Saltwater tends to accelerate wear and tear on the property, so properties on the water may require more maintenance than other properties.
Part of your due diligence may be evaluating whether the property complies with FEMA requirements and local construction codes. Taking this crucial step can help ensure your investment is a good one and that you do not purchase a property that is in danger of becoming devalued due to the environment.
Insurance Implications
Properties in hurricane- and flood-prone areas may cost more to insure and require additional insurance policies, so it is essential you consider these additional costs when evaluating your overall home purchase budget.
Do You Have Questions About a Waterfront Property Purchase?
At Farshchian Law, we want to help you make your dream purchase of Florida waterfront property, but we also want to protect your legal rights. We can help identify potential legal issues related to a purchase, explain your options, and guide you through the buying process so that your rights and interests are protected at all times.
Contact us today to learn more about our real estate and title/closing services. You can call us at (800) 604-1871 or email us with our secure online contact form to set up a free consultation. We provide title, closing and real estate services throughout the State of Florida.