RedLawList

Straightforward, actionable information for life’s common legal matters

Find an attorney at REDLAWLIST.ORG

Online Directory of Workers' Compensation, Personal Injury,
Consumer Protection and Criminal Defense Attorneys

  • Home
  • Knowledge Center
Home / Knowledge Center / 5 Legal Concern for Owners of Waterfront Property

5 Legal Concern for Owners of Waterfront Property

Many property owners purchase waterfront properties to accomplish their dream of having their own relaxing vacation retreat. However, when purchasing a property that is located on or near any body of water, there are a few key issues property buyers must clarify before making the purchase. Continue reading for 5 of the most common.

  1. Riparian Rights

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

  2. Maintenance Obligation

    Erosion may be a concern for properties that are located along a beach or bluff. This may also be a concern for some riverfront properties. In these cases, property owners may be restricted from clearing trees and altering the landscape. Landowners may be required to purchase permits to make improvements to the land.

  3. Pier Construction

    A primary concern for most waterfront property owners is whether they will have access to a previously constructed pier or the ability to build one. If the land already has a pier, prospective buyers should investigate whether the pier was constructed according to a legal permit. Confirming whether the pier is shared or otherwise the subject of a legal dispute will also be of great importance prior to purchasing the property.

  4. Shared or Private Rights to Waterfront

    Though a property may be located within view of the waterfront, in some instances, the land that is located along the water may belong to the community. In these instances, the community developer may have subdivided a large parcel of land into lots while reserving the shoreline to be shared by the community’s occupants. By doing so, members of the community are permitted to have access to the entire waterfront area for walking and other permissible recreational activities without regard to whether they are using the shoreline that is located directly connected to their individual lot.

  5. Design Restrictions

    Waterfront homes are often subjected to community rules regarding home design and landscaping. Prior to making the decision to purchase the property, prospective buyers should investigate applicable neighborhood association rules that may prohibit design and construction ideas the buyer may have in mind for his or her new property.

Owning waterfront property can be a great way to have a private retreat for beachfront or lakeside relaxation. However, becoming involved in a foreseeable legal dispute is not so relaxing. Therefore, those who are in the market for this type of property should consult both an experienced realtor and waterfront real estate attorney to better understand potential limitations that may apply to the buyer’s ownership rights and land usage plans.

Related resources

  • What the Release of the Ghislaine Maxwell Documents Means
    What the Release of the Ghislaine Maxwell Documents Means
  • What are the Biggest Problems with the American Jury System?
    What are the Biggest Problems with the American Jury System?
  • How Accurate is DNA Testing for Crimes in Cold Cases?
    How Accurate is DNA Testing for Crimes in Cold Cases?

Legal Topics

  • Accidents & Injuries
  • Criminal Law
  • Defective Products
  • Insurance Disputes
  • Legal News
  • Workers' Compensation

Must Reads

  • Understanding the Alternatives to Foreclosure
  • What Can I Expect at a Mediation Session?
  • Why Having a Business Succession Plan is Important
  • 5 Legal Concerns for Owners of Waterfront Property

Blogroll

  • Attorney Web Marketing
  • The Babcock Law Firm
  • Lawteryx: The Legal T-Rex
  • Sid Gilreath Law Firm
  • Workers' Comp Lawyers: Gerber & Holder
  • American Bar Association
  • Cornell Legal Encyclopedia
  • The Crime Report
  • SCOTUS Blog
  • Volokn Conspiracy
  • Wall Street Journal Law Blog

Legal Directories

  • Enjuris: Directory for Personal Injury Lawyers
  • Martindale
  • RedLawList.org
  • Nolo
  • Find Law
  • Cornell Lawyer Directory

RSS Enjuris Law Blog

  • Amazon Can't Escape Suicide-kit Lawsuit
  • Enjuris Interview: Meet South Carolina Workers’ Compensation and Personal Injury Lawyer George Taylor
  • Can Text Messages Be Used in Court?
  • Trader Joe’s Sued Over Chocolate with Alleged Unsafe Levels of Lead and Cadmium
  • Indiana Driver Avoids Jail Time as Judge Accepts Plea Agreement

RSS Legal Week

  • New Colorado Law Extends Workers’ Comp Reporting Time July 27, 2022
  • Stephanie Tucker Receives WILG’s 2021 Rising Star Award November 13, 2021
  • Mack Babcock Swears In As President of WILG, A National Non-Profit for Injured Workers November 13, 2021
  • Differences in Workers’ Compensation Law July 27, 2021
  • Wall Street Journal Interviews Mack Babcock About COVID-19 Workers’ Comp Claims Denials April 9, 2021

RSS Lowering the Bar

  • Defendant Sentenced to Law School February 8, 2023
  • Judge: F-Word No Longer Has Sufficient “Shock Value” to Be a Problem at Work February 1, 2023
  • Canadian Democracy Survives Cinnamon-Bun Scandal January 26, 2023
  • UPDATE: Auto Insurer May Not Have to Pay for Back-Seat Transmission January 17, 2023
  • Congratulations on Not Catching Jack the Ripper January 6, 2023

© 2023 RedLawList. All rights reserved.