On the east coast of Florida in and around Palm Beach County there are GENERALLY two answers to the question: Who owns the land below the water where my boat will be? If the state of Florida owns it then this is what is referred to as sovereign submerged lands. If they do NOT own it then it is man made and referred to as overflowed lands. in THIS POST I go through how one determines this. And in THIS POST I show an alternate method.
At properties like 14208 Harbor Lane in Paradise Port we know by looking at the survey of state owned lands wen site that the meander line (which separates the sovereign submerged lands from the private uplands) goes behind this house. Then we look at the recorded plat and note that the lot lines extend down to and intersect with this menander line. That’s about it. This determination of being sovereign submerged lands is also shown on the DEP permit for the dock at that property. At these properties, with an exemption style permit, one may have a dock with under 1000 S.F. of “shade area” (decking, boat shade, ect.) which extends to 25% of the canal width and is configured for not more than 2 vessels. The middle 1/2 of the canal is for “rights of navigation” of the general public.
For properties such as 13958 Chester Bay Lane in Frenchmans Harbor we see that the meander line does NOT go in back of the property. And, we see that plat shows a clearly delineated canal (NO meander lines and NO +/- dimensions). For these kinds of canals the uplands abutter only has the rights to use the canal the is beyond their property line that are on the plat and, if the plat AND/OR recorded use restrictions is silent on it, that the HOA or condo board allow or do not. For instance in this community the recorded HOA documents limit it to a single vessel at each property.
And they specify in regards to the sea wall…
