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Waterfront Property Questions

What is a waterfront property?

Any property that is placed alongside a water body may be considered a waterfront property. There may be a lot of aspects and rules to renting out a waterfront property. Not knowing these rules and regulations can make it difficult for individuals who want to live on a waterfront property. Given below are common questions asked by people about waterfront properties.

How can an Individual Find out Which Part of a Waterfront Property Belongs to him/her and Which Part to the Government?

In most situations, the part of a waterfront property that is below the high tide mark belongs to either the Federal Government or the State Government.

Can the Owner of a Waterfront Property Force the Owner of the Water Body to Repair it in case of any Damages?

The owner of a waterfront property may be able to force the owner of the water body to repair it in case of damages only if the damages that are caused to the water body affect the individual’s property. In such a situation, the owner of the property may file a suit against the owner of the water body if he/she does not agree to repair the water body. The individual may also ask for monitory damages to repair the damages caused to his/her property by the damaged water body. However, if the damaged water body does not affect the individual’s property in any way, then he/she may not force the owner of the water body to repair it.

What can the Owners of a Waterfront Property do if One of the Owners Refuses to Repair the Damages to a Common Water Body?

In most situations if one of the owners of a waterfront property does not agree to repair the damages caused to the common water body, the remaining owners may first check any documents that may be there regarding the water body and all its problems and issues. If there is no such document, the remaining owners may file a suit against the landlord refusing to repair the damages to get a court order. It is likely that the court may give a ruling in favor of the other owners and ask the owner to repair the damages in the water body. It is also likely that the court may ask all the owners to share the cost of repairing the water body as it is shared as common property by all the owners.

What can an Individual do if he/she finds out that the Waterfront is not included in his/her property after Owning it for 40 Years?

In most situations, if the individual has used and maintained the property for a long time, he/she may be able to obtain a clear title based on the doctrine of adverse possession. If there is a new owner around the property who does not agree to the title, the individual may have to hire a local attorney and file a lawsuit to legally get the land.

What can an Individual do if the Landlord does not Repair Damages to the Waterfront Property?

If the landlord of a waterfront property does not repair any damages to the property, the tenant may file a suit against the landlord in a landlord-tenant court for breach of duty. In some cases, the tenant may also send the landlord a letter stating that he/she will carry on with the repairs and deduct the cost from the rent. The tenant may also consider placing the rent in an escrow account till the judge forces the landlord to repair the damages on the property or permits the tenant to break the lease and leave the property.

It is important to know the different laws that govern waterfront properties before an individual decides to live on a waterfront property. Having information about the different aspects of waterfront properties will help individuals know their rights, duties and limitations towards these properties.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5328
Experience:  17 years of legal experience including real estate law.
4460311
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