Part of the appeal of owning a beachfront home is having a stretch of sand all to yourself. But can you actually own part of a beach? The answer is a bit complicated. In Florida and many other states, the public has a right to use the beaches. However, homeowners do have some rights when it comes to their private property.
According to Article X, Section II of the Florida Constitution, all beaches are open to the public from the mean high water line (MHWL) down to the sea. The mean high water line is determined based on the average high tides over a 19 year period. Basically, any area that the water touches can be considered open to the public.
So what does that mean for people who own beachfront homes in Florida? Well depending on where your property boundaries lie, you can technically own part of the beach. If your property extends to the beach, you may have exclusive rights to the dry sand above the MHWL.
The best way to determine whether you have exclusive access to part of the beach is to hire a property surveyor. They can let you know where the MHWL is and exactly where your coastal boundaries lie. This is important to know if you’re considering building seawalls or any construction on the sand.
One of the most common questions people ask about beachfront homes is whether the public can access the beach in front of their homes. The answer is yes and no. The public can legally access the beach below the MHWL, but not the area above that line if that section of the beach is private property.
While some homeowners who own waterfront property don’t have problems with people accessing the beach in front of their home, others run into issues such as litter and noise. In these cases, the homeowners are legally within their rights to put up ‘no trespassing’ signs or erect structures to discourage people from accessing their property.
If you’re considering buying a waterfront home in Florida, it is important to do your research about the beach situation first. Find out where the property boundaries are and where the MHWL falls. You may want to consider how much traffic the beach gets and whether this will become an issue for you. You will also need to check the community regulations to see whether you can build on the beach.
Thinking about buying beachfront property in Florida? We can help with all your Florida real estate needs including residential and commercial sales, leasing, purchases and full service property management. Contact us here or call our Central Florida office at 407-656-7814 or our South Florida office at 954-760-5885 to speak to one of our Florida real estate experts today!
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