The abutters to these submerged lands have riparian rights.ĬLICK HERE to read the University of Florida Levin College of Law memorandum.ĬLICK HERE to read all about how riparian rights are apportioned to the uplands. If the land below the water was covered by navigable water when the State of Florida was created in 1845 then that land (and control) of the water column is owned by the State of Florida (A/K/A Sovereign Submerged Lands). How does one tell if the land if the land has riparian rights? Or even if there is no seawall but it was similarly dredged then those owners do NOT enjoy statutory riparian rights. They are rights of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined by law…” and it goes on to EXCLUDE certain lands from the definition of navigable waters: “(2) Navigable waters in this state shall not be held to extend to any permanent or transient waters in the form of so-called lakes, ponds, swamps or overflowed lands, lying over and upon areas which have heretofore been conveyed to private individuals by the United States or by the state without reservation of public rights in and to said waters.” Overflowed lands would be those where someone made seawall (or not), and then dug out what was once dry land, and water came in and covered that historically dry land. If you’re looking at waterfront land in Florida then you should know how to determine which properties enjoy riparian rights.įlorida Statute 253.141 definition in part reads: “(1) Riparian rights are those incident to land bordering upon navigable waters.
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