Florida's Beaches: Whose Property is it Anyway?

Buying waterfront real estate is a dream for many Americans. The fresh smell of the ocean, the clear blue waters, soft sand underfoot, and the instant feeling of tranquility that takes over as soon as you lay down your beach blanket ...beachfront property is among the most expensive and sought after in the world.

In a state like Florida, where the blue-green waters and white sand beaches whisper to you with promises of warm sunshine and relaxation, waterfront homes offer the pinnacle of luxury living. The only thing sullying the waters is the debate over beach access between private homeowners and the public beach goers.

More than half of Florida's beaches are private; leaving the public with little to no access to land that is theirs according to the Florida Constitution. Article X, Section 11 of the Constitution says "beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest."

This means that from the water up to the mean high water line, the shore is public property. Dry sand areas above this point can be privately owned.

For property owners, this law can be irritating at best, as people traipse back and forth in what is essentially their front yard. In many cases, waterfront real estate is advertised as coming with private beachfront, which can be misleading to buyers. They believe that the entire beach area up to the water is theirs, which is inaccurate. There have been instances of homeowners calling the police on beach goers whom they believe to be trespassing. What inevitably happens though is that homeowners are informed that the public has rights to certain portions of the beach.

Much of the public feels that they have a right to enjoy Florida's beaches, and that this land shouldn't only be accessible to the wealthy. There are grassroots community organizations with the express mission of trying to preserve public access to the shoreline and waters. They have been relatively successful in fighting large waterfront developers, as well as private homeowners who try to block access to the beachfront.

Unfortunately, there have been angry confrontations between homeowners and the public, which leaves both parties feeling frustrated and resentful.

The best way to circumvent these kinds of conflicts is for buyers to know exactly what they're purchasing. Real estate agents need to be clear about property lines, and to not advertise the property as being something that it's not. If homeowners know straight away where their private property ends and public beachfront begins, much of the discord will end. Both parties need to know the rules and be respectful of each other's right to enjoy the glorious beachfront that Florida is so well known for.