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Estate planning considerations for your waterfront property

On Behalf of | Oct 3, 2024 | Estate Planning

If you own waterfront property in Florida, you know the immense value in the beauty and enjoyment it brings. This is the type of asset you want your family to have and cherish for generations to come. However, these properties can come with certain considerations, especially when it comes to estate administration. From riparian rights to environmental regulations, waterfront properties present distinct challenges that require careful planning.

More than just a view

Waterfront property owners in Florida have “riparian rights.” These are special benefits that come with owning land next to water. They can include the right to access the water, use it for activities like boating or fishing and sometimes even build structures like docks.

However, these rights can be complex. They may depend on factors such as the type of water body your property borders, local regulations and whether it might impede your neighbors’ riparian rights. Understanding your specific rights is important when reviewing your estate plan because these can greatly impact the value and use of your property for future generations. Making sure there’s proper documentation can help prevent potential disputes among heirs and ensure that your estate plan preserves and properly transfers the full benefits of the property.

Balancing privacy and public access

The public often has the right to access certain waters, even if private property surrounds them. This can sometimes create a delicate balance between private property rights and public access rights. Understanding where public access begins and ends on or near your property can be crucial for future planning.

Following environmental regulations

Various environmental regulations protect Florida’s coastline. These rules might affect what you or your heirs can do on or near the water, such as building structures or modifying the shoreline. When considering your property’s future, it is worth considering how these rules might impact its use or value over time.

It’s important to plan ahead

Although this overview provides a starting point, the complexities of riparian rights, environmental regulations and estate planning can be as vast as Florida’s coastline. To ensure your piece of paradise continues to bring joy to your family for generations to come, consider talking to an attorney.

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