What Are Water Rights?
Water rights are the legal rights of a landowner to use water that borders or runs through their property, and to the benefits that come with waterfront land. In water-rich Florida, these rights are valuable and closely tied to land ownership — but they are also regulated, so owning the shoreline does not mean unlimited use of the water.
Riparian and Littoral Rights
- Riparian rights — rights of owners along rivers and streams
- Littoral rights — rights of owners along lakes, oceans, and other large bodies of water
- Both generally include reasonable use, access to the water, an unobstructed view, and the right to accretions (land gradually added by deposits)
Water Rights in Florida
Florida recognizes these common-law rights, but actual water use is regulated by the state's water management districts, which issue consumptive-use permits for significant withdrawals. Waterfront ownership also raises questions about the boundary at the water's edge, the public's rights below the high-water line, and rules for docks and seawalls. Because waterfront rights affect value and use, they should be confirmed during due diligence on any Florida waterfront purchase.
Related Terms
- Title — Where waterfront rights attach
- Easement — May affect water access
- Boundary Dispute — Common along the water's edge
Barnes Walker Real Estate
Barnes Walker's real estate attorneys handle Florida waterfront, riparian, and littoral rights issues across the Gulf Coast. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC