Waterfront Property Rights for RIPARIAN AND LITTORAL Properties in Florida

real estate Vincent Zeoli August 27, 2025

Property rights for waterfront properties are governed by state-specific littoral rights (for lakes, seas, and oceans) and riparian rights (for rivers and streams) which grant landowners access to and reasonable use of the adjacent water. These rights may include using the water for domestic purposes, building docks or piers, boating, fishing, and benefiting from natural land additions like accretion. However, these rights vary by state and can be limited by public ownership of submerged lands, with Florida generally holding title to lands below the mean high-water line.

Key Concepts

Riparian Rights:
.
These rights apply to properties bordering flowing water, such as rivers and streams, giving landowners the right to access and use the water.
Littoral Rights:
.
These are similar to riparian rights but apply to properties bordering non-flowing bodies of water like lakes, oceans, and seas.

Common Rights

Landowners with riparian or littoral rights generally have the right to:

Access the water: The ability to reach the water from their property.
Use the water: The right to reasonably use the water for various purposes.
Build structures: The right to erect docks, piers, and other structures up to a point of navigability.
Recreation: Rights to enjoy activities such as swimming, boating, and fishing.
Accretion: The right to land added to their property through natural processes like the buildup of sediment or gradual recession of water.

Important Considerations

State-Specific Laws:

Water rights laws vary significantly by state, so the specifics of your rights will depend on your location.
Public Ownership:

In many areas, including Florida, the state holds title to the submerged lands beneath navigable waters, which includes the land below the mean high-water line.
Limitations:

Your rights may be limited by public rights to the water and by the need to not harm other riparian or littoral landowners.