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Shoreline Real Estate Controversy

Published by julia | Filed under Buyer / Seller Tips, Market Trends, Miscellaneous, Pinellas County Homes, Real Estate

Shoreline real estate often has a serious problem with losing land due to the natural processes of erosion.  In this process the sand and shoreline is consistently is bombarded by the water and the wind.  The sand then breaks down and sometimes moves down tide to other locations.  This can cause the property of the shoreline real estate shrink and can cause the foundation to become damaged if the water reaches it.

There has been a lot of recent legal action regarding shoreline real estate going on in Florida.  This has to do with the sand replenishment of necessary to keep the homes in good condition and who then owns the sand that the government lays down to keep the beaches in good condition.  There are many shoreline real estate owners who say that they should have the right to own that property where the state says that it is their sand and therefore their property making the beach a public rather than a private beach.

The typical legal view on beach ownership is that the area above the high tide line is private property and the area below this line is public property.  When the beach sand is replenished, the sand becomes property of the state.  The property owners feel that this is a land seizure on the behalf of the state, where the state views it as keeping the beach in good condition and ensuring the public has access to the water.

One of the judges viewed the suit that some of the shoreline real estate set against the state as not the land owners losing land, but rather as losing the privilege of having direct access to the water on their property.  One important thing to remember about this suit is that the beach area that is being argued about is public and therefore the home owners can easily walk the same distance as before to reach the water.

The shoreline real estate owners say that it is the value of the home that they are concerned about.  This is because the price difference between homes that are beachfront and beach view is considerable.  Other concerns include the potential for the state to decide to increase the beach area in front of private homes and create more distance between the homes and the waterside property that they are supposed to own.

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March 3rd, 2010

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Julia