How To Protect Your Right To A Waterfront View

When you purchase a waterfront property, such as a property on a beach, one of the primary benefits of this location is having a gorgeous view. You have the right to your view of the water and you may lose this right if someone else constructs a property that blocks your view. If there is any reason that you end up losing access to your waterfront view, you may choose to take legal action with the help of a real estate attorney.

Your Rights to a View

The right to a view is referred to as "riparian rights." Whether or not you have this right can depend on your state. The ability to enjoy the view can fall under the category of "access" to riparian rights. Some states, such as Florida, express explicitly that a property owner has the right to be able to view the water on their property unobstructed.

If you do not have a right to the view of your water, you may still be able to find a legal workaround. For example, something that prevents you from viewing the water might also interfere with your access to the water which might be protected under state law. 

Unauthorized Construction

One way in which your view might be partially obstructed is if someone constructs a pier. Even if you do not have the right to a view, it can be reasoned that someone should not be allowed to construct a pier on a property that they do not own. 

Your real estate attorney will argue that because you have the right to build a pier on your property, you also have a negative right to prevent another party from building the pier on your property. Also, improvements that are made to your property, such as a pier, would be considered yours.

Steps to Take

If you are not sure what steps to take, you are best off contacting a real estate attorney who works with riparian law. This will allow you to make sure that you make the strongest possible legal case and do not waste time. 

You will also need legal consultation if you are not sure whether you are allowed to build a pier, if you are purchasing a waterfront property for the first time and do not know your rights, or if you intend to develop a waterfront property for the first time. For more info, contact a real estate lawyer. 

Share