Marina Florida Land Surveyor
Surveying the boundary of a Marina in Florida can be straightforward or can be very, very difficult. This is due to the fact that the Boundaries usually include Upland property lines, right of way lines, submerged lease lines, Florida Sovereign lines, easement lines, canal right of lines, and other lines. Also, written and unwritten agreements may effect the use of the Marina. The simple boundaries can include clearly defined lines as laid by a recently recorded Plat. These surveys may be ordered by an experienced buyer. However, complex surveys should include the review of a land attorney and/or ALTA.
Below is an article by Florida State University Law Review which may shed some light on some of these complexities.
Florida ‘s Sovereignty Submerged Lands: What Are They, Who Owns Them, and Where is the Boundary?
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NOTES FLORIDA’S SOVEREIGNTY SUBMERGED LANDS: WHAT ARE THEY, WHO OWNS THEM AND WHERE IS THE BOUNDARY? Landowners, both public and private, naturally desire to locate the boundaries of their property. Usually this question is resolved by a surveyor, who draws a physical line on the ground. Sometimes, however, disputes arise and the line must be drawn by the courts. Nowhere is line drawing more difficult and confusing-both physically and legally -than at the shore, where private uplands, abut the restless waters.
This note will focus upon a class of lands, known as sovereignty lands, submerged beneath the waters. Part I will discuss the history, definition, ownership and regulation of sovereignty lands. Part II will discuss the practical and legal problems that arise with regard to the boundary line between riparian lands 2 and sovereignty lands. Particular emphasis throughout will be given to the seacoast, as opposed to inland lakes and rivers, and to applicable Florida law. I. SOVEREIGNTY LANDS: WHAT ARE THEY AND WHO OWNS THEM? A. The Public Trust Doctrine To ensure that the public rights, inter alia, of navigation, commerce, fishing and bathing would be protected, the common law of England provided that the Crown, in its sovereign capacity, held title to the beds of navigable and tidal waters in trust for the people of the realm.3 Thus lands beneath navigable waters 4 whether tidal 5 or fresh, have come to be known as “sovereignty lands,”6 and the common law 1. Uplands are lands “bordering on bodies of waters.” Martin v. Busch, 112 (see article for remainder of pages).