What Are Riparian Rights?
Riparian rights are the special property rights granted to owners of land that physically borders a natural, navigable waterway (such as a river or stream). These rights are distinct from the ownership of the land itself. In Florida, the state generally owns the submerged land beneath navigable waters, but the upland owner holds the riparian rights.
Note: While "riparian" technically refers to rivers and streams, and "littoral" refers to oceans, gulfs, and lakes, Florida courts and statutes often use "riparian" as a catch-all term for both.
Florida Riparian Rights
Under Florida common law and Section 253.141, Florida Statutes, riparian rights generally include:
- Ingress and egress — The right to access the navigable water from the property.
- Boating and bathing — The right to use the water for recreation.
- Unobstructed view — The right to an unimpeded view of the water over the property's waterfront boundary.
- Docking — The right to construct a dock or pier over the sovereign submerged lands to reach navigable water (subject to environmental permitting and local zoning).
- Accretion — The right to acquire ownership of new land that gradually builds up along the shoreline.
Limitations and Disputes
Riparian rights are not absolute. They are subject to the rights of the public, the navigational servitude of the federal government, and state/local environmental regulations. You cannot build a dock that obstructs a navigable channel.
Disputes frequently arise between neighbors regarding the extension of property lines into the water. In Florida, riparian lines do not necessarily extend straight out from the upland property lines; they are apportioned equitably to give all waterfront owners fair access to the channel, which can lead to complex litigation over dock placements.
Related Terms
- Accretion — The gradual addition of land, which belongs to the riparian owner
- Avulsion — Sudden loss of land, which does not change property lines
- Boundary Dispute — Common when allocating riparian lines for docks
Barnes Walker Waterfront Property Law
Barnes Walker's real estate attorneys assist waterfront property owners with dock permitting, riparian boundary allocations, and submerged land leases in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC