A Pensacola real estate broker is handling a waterfront property where the seller claims ownership "to the mean low water line" based on an old deed, but the buyer's survey shows the mean high water mark as the boundary. Under current Florida law, which boundary is legally correct?
Correct Answer
B) Mean high water mark as shown on the survey
Mean high water mark as shown on the survey is correct because Florida law establishes the mean high water mark as the boundary between private property and state sovereignty lands, regardless of contrary deed language. Old deeds claiming to the low water mark cannot convey state-owned submerged lands. The boundary is fixed at the mean high water mark, not variable with tides. There is no midpoint rule; the mean high water mark is the definitive boundary.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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