Legal Issues Waterfront Property Owners Need to Know

5 Legal Concerns for Waterfront Property Owners to be Aware Of

Many property owners purchase waterfront properties to accomplish their dream of having their waterfront retreat.  However, when purchasing a property that is located on or near a body of water, there are a few key problems that property buyers should be aware of before making a purchase.

In this article, we will discuss five legal concerns for waterfront property owners to be aware of.

1. Riparian Rights

If a property is considered a waterfront, the owner will have riparian rights, which will allow the owner to do construction and improvement and apply for local wildlife hunting. The property owner will also have the ability to legally restrict others from access to the water located on the property and its view. Some properties are not truly waterfront. In this case, while the owner might have legal rights to the land near the water, the portion of land that runs directly along the shoreline might be owned by someone else.

2. Obligation to Maintain the Property

Bob Jamison, REALTOR in Campbell CA adds, “Erosion can be a big concern for properties that are located along a beach or bluff. This can be a concern for riverfront properties. In these particular cases, property owners might face certain restrictions from clearing trees and altering the landscape. Landowners might be required to purchase permits to make any desired improvements to the land.”

3. Construction of the Pier

A primary concern for waterfront property owners is whether they will have access to a previously constructed pier or the ability to build a new one. If the land already comes with a pier, prospective buyers should inquire about whether or not the pier was constructed according to a legal permit. Confirming whether the pier is shared or otherwise, the subject of a legal dispute may arise and will be of great importance before purchasing the property.

4. Private or Shared Rights to Waterfront

Though the property might be located within view of the waterfront, in some cases, the land that is located along the water might belong to the community. In these instances, the community developer might have subdivided a large parcel of land into lots while reserving the shoreline to be shared by the community’s occupants. In doing so, members of the community are allowed access to the entire waterfront area for walking and other recreational activities without regard to whether they use the shoreline that is located directly connected to their lot or not.

5. Design Restrictions

Waterfront homes can be subject to community rules regarding home design and landscaping. Before deciding to purchase the property, prospective buyers should investigate applicable neighborhood association rules that may prohibit design and construction ideas the buyer might have in mind for their property.

Bottom Line

Owning a waterfront property can be a wonderful way to have a private retreat for beachfront or lakeside relaxation. However, becoming involved in a foreseeable legal dispute is not ideal or relaxing. Therefore, those who are in the market for this type of property should consult both an experienced realtor and a waterfront real estate professional. If you’re in the market for waterfront real estate, be sure to contact a local waterfront expert.