There's a particular kind of Florida dream property: a weathered old fish camp or stilt house perched out over a river, bay, or backwater, with a dock and a screened porch and a hundred years of character. Buyers fall in love with them. Then a careful title company asks an awkward question: who owns the land (and water bottom) that thing is built on? Very often, the answer is — the State of Florida.
Buying a structure built over the water is one of the trickier waterfront closings there is. Here's why, and what to check before you fall for the porch.
- Land below navigable water is generally state-owned sovereignty submerged land.
- Structures over it usually need a submerged land lease or consent.
- An old structure isn't automatically legal or transferable.
- Confirm the lease and permits before you close — not after.
The State Owns the Bottom
As with all Florida waterfront, the land below the mean high water line of navigable waters generally belongs to the State of Florida as sovereignty submerged land, held in trust for the public. A waterfront upland owner has riparian rights — including the right to build a dock out to navigable water — but that's a right to use the water, not ownership of the bottom. So a house, camp, or boathouse standing on pilings out over the water is frequently sitting on land the buyer will never actually own.
Submerged Land Leases & Consent
Because you can't own the state's bottom, the state instead authorizes private use of it. Structures over sovereignty submerged land generally require either a submerged land lease or a documented consent of use from the state (through the Board of Trustees of the Internal Improvement Trust Fund, administered by the Florida Department of Environmental Protection). These come with terms, fees, renewal dates, and size limits — and they are the thing that makes a structure over the water lawful. No valid authorization, and that beloved fish camp may be an unpermitted encroachment on public land.
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Old & Grandfathered Structures
"But it's been there since the 1950s!" — a fair point, and sometimes a helpful one. Some very old over-water structures pre-date modern permitting and enjoy some grandfathered status, and Florida's rules have carve-outs for certain historic uses. But age is not a guarantee. Grandfathering can be lost when a structure is expanded, rebuilt, or substantially repaired, and "it's always been here" is not a document you can hand a title company. The only thing that protects a buyer is proof — a valid lease, consent, or established lawful status.
The Title Traps
- No lease / expired lease. The over-water structure has no current submerged land lease or consent — meaning it's unauthorized use of state land.
- Non-transferable authorization. A lease that doesn't cleanly transfer to the new owner, or requires state approval to assign.
- Unpermitted work. Docks, seawalls, or additions built without DEP/Army Corps permits.
- Boundary confusion. The deed conveys the upland, but not the water bottom — so what you're buying is smaller than what you can see.
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How to Buy One Safely
None of this means you can't own that fish camp — plenty change hands legitimately every year. It means you buy with your eyes open:
- Confirm the submerged land lease or consent exists, is current, and can transfer to you (or what it takes to reassign it).
- Verify permits for the dock, seawall, and any over-water structure.
- Get a survey that shows the upland boundary vs. the water — so you know exactly what land you're actually buying.
- Have your title company reconcile the deed, the lease, and the permits before closing, so there are no surprises about who owns what.
The charm of an old Florida fish camp is real. So is the risk of buying a beautiful structure standing on land you'll never own, with no paperwork to make it legal. A careful closing is the difference.
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Atlantic Title Firm closes fish camps, stilt homes, and dock-heavy waterfront across all 67 Florida counties — reconciling the deed, submerged land lease, and permits so you know exactly what you own.
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Submit a Contract →Related Reading
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Shifting waterfront boundaries.
Buying a Home With Unpermitted Work
Permits and your closing.
Frequently Asked Questions
Do I own the land under my dock or stilt house in Florida?
Usually not. Land below the mean high water line of navigable waters is generally sovereignty submerged land owned by the State of Florida. A waterfront owner has riparian rights to use the water (including building a dock), but the bottom itself typically remains state-owned, so a structure over the water often sits on land you don't own.
What is a submerged land lease?
It's an authorization from the State of Florida (through the Board of Trustees, administered by the Department of Environmental Protection) to use state-owned submerged land, for example for a structure or dock built over the water. It comes with terms, fees, and renewal dates, and it's what makes an over-water structure lawful.
Is an old fish camp automatically legal because it's been there for decades?
Not necessarily. Some very old structures pre-date modern permitting and may have grandfathered status, but age alone doesn't guarantee it — grandfathering can be lost through expansion, rebuilding, or substantial repair. A buyer needs proof of a valid lease, consent, or lawful status, not just 'it's always been here.'
What are the title risks of buying a structure built over water?
Common risks include no current submerged land lease (unauthorized use of state land), a lease that doesn't transfer without state approval, unpermitted dock or seawall work, and boundary confusion where the deed conveys only the upland and not the water bottom — so you're buying less than you can see.
Can a submerged land lease transfer to me when I buy the property?
Sometimes, but not always automatically. Some leases require state approval to assign to a new owner. Confirm whether the lease is current and transferable, and what steps are needed, before closing — don't assume it comes with the deed.
How do I safely buy Florida waterfront with a dock or over-water structure?
Confirm the submerged land lease or consent is current and transferable, verify permits for the dock and any over-water structure, get a survey showing the upland versus the water, and have your title company reconcile the deed, lease, and permits before closing so ownership is clear.
