The most sought-after real estate around the country is waterfront property. Everywhere you go the asking price for waterfront property is significantly more than inland parcels. But few are really aware of the importance of understanding the Public Trust Doctrine as it relates to owning waterfront property. An entire chapter of The Public Trust Doctrine in Motion is dedicated to this topic, discussing the nature of the title to the upland property, title to public shorelands (the Jus Publicum and Jus Privatum), ‘metes and bounds,’ the ambulatory waterfront boundary, title insurance, and a thought provoking look at sea level rise vis-a-vis waterfront property. An excerpt from chapter IV:

“When you own waterfront property your immediate neighbor is the Public Trust Doctrine. Nearly everywhere in the United States, people pay premium prices to be ‘on the water.’ Waterfront property is sought after not only by those who like to be on the water (e.g. residential homes, resorts, restaurants with a water view) but also for those who need to be on the water (e.g. marinas, yacht clubs, ports, harbors, boat yards, gas docks). Anyone owning or considering purchasing waterfront property whether for commercial, industrial or residential purposes, and every real estate agent and their legal staff showing waterfront property, should have a good understanding of what the Public Trust Doctrine is and how it may affect title and use of the waterfront property and the adjacent shorelands.”

Eleven cases over the last decade are discussed in this chapter, offering anyone interested in waterfront property some invaluable insights, and pitfalls to avoid.

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