General Overview of Riparian Rights in Florida – Update from Lewis, Longman & Walker, P.A.
Introduction
Florida boasts 2,000 miles of coastline, countless lakes, and 11,000 miles of rivers, streams, coasts and water ways. Despite such a wealth in waterfront property, (1) nothing is limitless, and (2) when it comes to waterfront property, “they aren’t making any more of it.” These two inescapable truths, coupled with Florida’s non-stop development pace, fuel an increasing number of waterfront disputes.
Waterfront properties themselves are shrinking. Given their value, waterfront properties are often subdivided and re-developed into multiple, smaller lots. When the average lot was more than 100 feet wide, riparian disputes were easier to avoid. However, redeveloping two fifty-foot lots redeveloped on that very same land may be asking for trouble. The shifting trends in dock design compound the problem. Today’s homeowners prefer to build their docks on one side of their property to maximize both dockage and water views. Thus, docks are now intentionally moved as close as possible to the boundary of a neighboring property. Boats have become larger and more maneuverable. They can operate in shallower water, and are frequently stored on large, elevated boat lifts, creating conflicts – especially regarding obstructions to neighboring views.
This paper’s goal is to provide a general overview of the status of riparian rights in Florida with an emphasis on more recent developments in the law over the past decade. Chapter 1 explores the origin and general nature of riparian rights under both the common law and Florida statutes. Chapter 1 also addresses when those rights may be present on any given property. Chapter 2 describes the scope of riparian rights and details the different rights that are included within the “bundle” of riparian rights. Chapter 3 discusses how non-waterfront owners may acquire riparian rights from waterfront property through contract, deed, easement and plat dedication or reservation. Chapter 4 addresses the legal principles used to locate and establish the boundaries of riparian rights (known as riparian lines) and the regulatory and surveying communities’ respective efforts to provide guidance in applying riparian rights decisions of the Florida courts. The final chapter of this paper provides an overview of potential legal remedies available to waterfront owners seeking to enforce or protect their riparian rights and curing violations of riparian rights by a neighboring property owner.
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