🌊 Dreaming of Owning a Waterfront Property? Know Your Riparian Rights! 🏡

Hello Hampton Roads,

Have you ever dreamed of owning a waterfront property? Owning a waterfront home is the ultimate in homeownership, offering a lifestyle full of swimming, fishing, boating, kayaking, or simply relaxing and soaking in the tranquil blue water views from your back deck.

Waterfront homes are especially sought after because they often come with riparian rights, which, in Virginia, include:

1. The right to enjoy the land next to the water—think about sitting on your deck, breathing in the fresh air as you gaze out over the water.
2. The right to build a pier extending to navigable water (about 3 feet deep is considered navigable).
3. The right to expand your property through natural processes like accretion.
4. The right to access the water from your land.
5. The right to reasonably use the water as it flows past your property.

But did you know that just because your home overlooks the water doesn’t mean you automatically have these rights? It's true—you can lose these valuable riparian rights. Here’s how:

• Subdivision of Property: If a waterfront property is subdivided, the portion of land no longer adjacent to the water may lose its riparian rights. For example, if someone else owns the land between your parcel and the water, your riparian rights could be at risk.

• Transfer of Rights: Riparian rights can be separated from the property and transferred to another party through a deed or legal agreement. This could happen if the original owner sells the waterfront property but keeps the riparian rights or gives them to someone else.

• Zoning and Regulation Changes: Local zoning laws or environmental regulations can change, restricting the use of riparian rights. For instance, new rules might prohibit certain activities on the water or land, potentially causing a loss of specific riparian rights.

It’s important to note that riparian rights are not always mentioned on the deed, and most title insurance policies don’t cover them. So, how can you protect your interests as a potential waterfront property buyer?

Ideally, address this before you go under contract so the burden of proof is on the seller. But if you’re already under contract, make sure to work with an attorney who specializes in waterfront law. A riparian assessment or even a riparian survey can be crucial for your due diligence.

If you’d like a recommendation for an attorney specializing in waterfront law and riparian rights, or if you want to chat about your real estate plans, let’s talk: Schedule a Call. 

I’m here to help you navigate this exciting journey! 

Thanks for Reading,

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