Waterfront Legal Definition

With the waterfront, you may or may not have access to your water. For example, if your property has a cliff at the water`s edge, you may not have adequate access to water. In another scenario, your property may be located on a public beach. This can give you a waterfront, access and water views, but with limited rights. So the bottom line here is that “waterfront property” can come with different rights in addition to classification. Have you ever stayed in a lakeside or beachfront house and dreamed of having your own waterfront property? Understanding what waterfront properties mean to you can help you narrow down your search. It amazes me that many consumers and real estate agents don`t understand classified property types like Waterfront, Water View, Water Access, and Water Privileged. Recently, I had a “senior agent” who tried to explain to me that a waterfront property I had put up for sale was not really on the water due to marsh access and lack of views from the home page. I had to explain in the most beautiful way that the property not only has a frontage along the river, but also riparian rights that run with the land, so this property has been classified as a waterfront and has the right to access water. This kind of statement would worry many people, because an experienced, high-production agent is not familiar with Waterfront`s classification, let alone classified as a “senior agent.” In this article, I`ll quickly break down the basics of these four types of properties, the amenities that come with them, and how they differ from each other. The lower shores of the waterfront, which lie just above the natural waterline, often bounded by a bulkhead that protects the coast.

A low boardwalk rather than a waterfront promenade adjacent to a navigable lake is often considered the most desirable waterfront in the Puget Sound area. Lake Sammamish Waterfront Properties If there`s one thing you need to know before buying a waterfront property, it`s not to get distracted by the water. Frankly, the definition is simple. However, your rights are set separately. If you`ve never bought a waterfront property before, you may not be aware of all the hidden costs that can haunt you. High Bank Waterfront Land, which is well above the natural waterline, making the waterfront inaccessible without stairs or other structures, if any. A waterfront real estate specialist will be your advocate and help you through all aspects of the process that you are not sure about, such as title issues, structural challenges, and the unique way the market views ownership. Cedar River – Lake Washington Waterfront Properties Owning waterfront property is something people do when they have extra money. Insurance can be very expensive for waterfront properties, as these properties are often at risk of flooding. Check the legal description of your deed and also look at the map to see where your property officially ends. Middle Waterfront The most subjective term is moderate bank land that is lower than the high bank and higher than the lower bank.

Due to your property`s increased exposure to the elements to water, homeowner`s insurance is often increased. If you`ve never purchased a waterfront property, it may come as a surprise that you`re often responsible for maintaining and monitoring the bulkhead (or water-land barrier). Let`s face it. Your waterfront home is only cool because it`s on the water. Green-Duwamish River Watershed (South Seattle Waterfront Properties on Puget Sound) Access to water may be part of a privilege (community facility) available through an easement or even through your own property. Often, properties do not have a waterfront or even a water view, but have access to water through an easement or community facility. You may own the property of the water, but not be able to reach the water properly. Some will confuse access, since only a boat can be launched, it is not true, but it is a type of access. Often, you can also have access to water without shoreline rights.

A jetty without riparian rights would be classified as an access, just like the owner, who does not have a jetty, but an access by a municipality or a public easement. In my opinion, access to water is one of the most vague terms when defining your property type and is open to interpretation. Conduct surveys, elevation certifications, water quality testing, wetland delineation, bulkhead inspections, and other onshore and on-water inspections to ensure your waterfront property is in good condition. No riparian bank leading to the natural waterline without a partition separating it from the coast. Often described as a hilly waterfront, its spacious lakeside feel is highly desirable. Because waterfront properties are sometimes located in remote and rural areas, electricity, water, cable, and other utilities can be a premium, if available. Private waterfront land adjacent to the water owned exclusively by a single property. Larger plans and waterfront amenities (beach/dock/berth) create a more valuable property than a property with limited plans or waterfront amenities.

Shared riparian lands adjacent to water jointly (documented) owned by owners of other parcels of land, often adjacent. Less homeowner sharing and notorious amenities (dock/berth access) create a more valuable shared waterfront property than a property with many owners or fewer amenities. Washington State Legal Definitions of Aquatic Land (RCW) Depending on where your waterfront property is located, you can`t buy it with utilities. In many cases, the property lines of waterfront properties do not extend to the waterfront. Simply put, the water view is just that, having a water view of your property. I have seen real estate agents grow with this type of property. I am also to blame for this. Views and the extent to which a water view “counts” are subjective. You can have a view between houses, on a road and even between trees. This is difficult because real estate views can change naturally over time and because of adjacent landowners and future developments. You have little to say about what your neighbor might do with their property in the future, which could change your perspective.

Even if you own the waterfront, you may have no way to maintain your view of the water if your land prevents you from clearing. In fact, in the state of Maryland, there are buffer zones within 100 feet of water that limit land clearing. Landowners are also limited to critical space requirements within 1000 feet and not to mention whether a property has restrictions such as a conservation easement that runs with the land. This can certainly become limiting if you want to have a view. If you`re really worried about your point of view, you know who stands in your way and how to protect yours. We`ve all heard of landowners buying neighboring air rights to protect a view, this may not be possible in all situations. While riparian rights to the waterfront will be helpful, as mentioned earlier, they come with restrictions in some areas. Rights vary from state to state, but it is safe to say that “opinions” have few rights. In the state of Florida, they have a different view of the rights of local residents.

The unobstructed view is protected by riparian rights, as discussed in Hayes v. Bowman. Keep in mind that much of Florida has coastal rights, where you have the right of access, the right to fair dealing, the right to accretion and relics, and the right to stunning views of the water. That`s right! Having a waterfront property isn`t just fun and playful. While you can never really guarantee your investment, your waterfront property is an investment with a view, and it`s worth the bet. These local definitions not only help you know the jargon when it comes to talking at the water`s edge, but also give you quick access to tools to explore the waterfront at your leisure.

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