Prevent a Boating Accident or Boating Injury

Prevent a Boating Accident or Boating Injury  

For the boating enthusiast there is no better place in the United States than Florida.  Florida offers access to the Atlantic Ocean the Gulf of Mexico, the Intracoastal Waterway, Lake Okeechobee and numerous swamps, streams, rivers, ponds and lakes.  Regardless of where you are enjoying the waters in Florida, the first priority for every responsible boater is to take all prudent measures to prevent a boating accident or boating injury. The more you do to prepare, the safer you will be during your boating excursions. These are some easy things you can do to help keep you, your boat, and others safe on the water.

1.  Leave the alcohol at the dock or have a designated driver! Alcohol is even more hazardous on the water than on land.   Drinking and boating can dramatically increase the odds of a boating accident or boating injury, especially in Florida where the waters are often crowded with inexperienced boaters. All it takes is one miscalculation by an inexperienced boater to ruin your day and possibly your life.  Aside from being illegal, the US Coast Guard reports boating under the influence incidents result in a 34 percent higher fatality rate. 

          2.   Don't turn down your emergency radio.  It is very important to monitor Channel 16; it may save your life or someone else’s.   You must also know how to use your VHF in the event of a boating emergency.

3.   Maintain safe speed and lookout. Overall, operator inattention, operator inexperience, excess speed and improper lookout were the leading contributing factors in boating accidents and boating injuries.  Know your boat’s limitations as well as your own. Take note of visibility, traffic density and the proximity of navigation hazards like shoals, rocks or floating objects. Don’t invite a collision by going faster than is prudent.

4.     Make sure your boat is properly maintained. Make sure your boat is in good working order before you take it out on the water with passengers. To help make sure your vessel is as safe as possible the U.S. Coast Guard Auxiliary and U.S. Power Squadron offer Vessel Safety Checks at no cost. Their certified vessel examiners will check your boat’s equipment and provide information about its use, safety procedures and applicable regulations.  Florida also has certain requirements for boating.

5.     Get an EPRIB!!!  An EPIRB or PLB is used to alert search and rescue (SAR) agencies in the event of a boating accident.  It does this by transmitting a coded message on the 406 MHz distress frequency via satellite and earth stations to the nearest Rescue Coordination Center, which then notifies rescue personnel.  If your EPIRB transmits GPS coordinates, your position can be identified in as little as 2-3 minutes.

6.     Know the law about life jackets. Florida has the unfortunate distinction of being the national leader in annual boating fatalities.  A majority of boating accidents and boating injuries result when a passenger falls overboard and drowns. These deaths can be easily prevented by wearing a lifejacket. Don’t believe it could happen to you? It happens in Florida to an average of one person each week who never thought it could happen to them either. 

7.     Know before you go.  Take a boating safety course. 80 percent of individuals who die in boating accidents have never taken a boating safety course.  Along with making sure your safety equipment is in good working order, make sure you know how to use it. Also, you can get a free vessel safety check .

8.     Watch the weather. Monitoring the forecast, as well as the marine weather forecast, is crucial to boating safely because the weather can often change quickly, leaving boaters in a precarious position if unprepared. Tune your radio to the National Weather Service to listen for small-craft warnings, and heed them.

9.     Take a boating safety course. The best way to ensure that you know the safest procedures for operating a boat is to take the Florida boating safety course.

Here are some other links to helpful information for preventing boating accidents and boating injuries

·       Accident Reporting

·        Boater Education

·        VesselSafety Check

·        Life Jacket Wear/Wearing your Life Jacket

·        Going Paddling Know your limits!

·        File a Float Plan

·        Carbon Monoxide

·        BUI Initiatives

·        Shallow Water Boat Performance 

·        Propeller Safety

Navigating Hurricane Irma insurance claims

Navigating Hurricane Irma insurance claims

With Hurricane Irma finally gone, Floridians are left with the sometimes daunting and exhausting task of cleanup.   If you are one of the hundreds of thousands of Florida residents who sustained property damage during Irma, you are going to have to file an insurance claim to help cover repairs.

So how do you get started?  Who do you call? How do you make sure you get what you are owed from your insurance company? How do you avoid being the victim of a scam?

First, and foremost, DO NOT SIGN ANY CONTRACT FOR REPAIRS WITH ANYONE WITHOUT THE APPROVAL OF YOUR INSURER.  In recent months leading up to Irma, Florida has been plagued by what has been termed “assignment of benefit abuse”.  This occurs when an insured signs over, or “assigns”, its rights under an insurance policy to a 3^rd party vendor.  In such instances, policy holders no longer have the right to insurance payments.  Instead, those rights belong to the contractor.  The problem has become so pervasive Florida’s Chief Financial Officer has recognized that assignment of benefit abuse is driving up the cost of insurance of every sector in the State of Florida, and it seems likely the Florida legislature will soon be addressing the issue.

That having been said, here are some tips to make filing damage claims as simple as possible:

1.    Locate all insurance policies. This may include a homeowners’ policy, flood policy, umbrella policy boat policy or and an automobile policy.

2.    Make an inventory of all damaged property.  Either in writing or better yet, take photos or shoot video footage before attempting any repairs.

3.    Protect your property any further damage.  You have an obligation to the insurer to take reasonable steps to prevent further damage.

4.    Report your claim as soon as possible.  Believe it or not, many insurers handle hurricane claims on a first come, first served basis.

5.    After you file the claim, be sure to write down your claim number. You will need it every time you speak to the insurer or an adjustor.

6.    Keep ALL your receipts. Whether it be for emergency expenses to secure your property or any living expenses.

7.    Ask your adjuster if he is an employee of the insurer or an independent adjuster. Many times independent adjusters aren’t authorized to make claim decisions so you will also need to get the name of the in-house adjuster handling your file.

8.    Document each and every contact with your insurer.  This may come in very handy down the road if the actions by the insurance company give rise to an claim against them for bad faith.

9.    Never accept the Insurer's First Offer.  Everything is negotiable.

10. Never take the adjuster's word on anything.  You can request a second opinion and importantly, you probably have the right to mediation and/or an appraisal under your policy.

11. Stay On Top of Your Claim.  Generally speaking, insurance companies do delay is commonplace in processing insurance claims. Remember, the squeaky wheel gets the grease. 

12. If you need disaster assistance it is available from the Federal Emergency Management Agency.

13.  Be wary of strangers who come to your door claiming to be insurance adjusters or contractors.  If you suspect fraud, contact the Florida Department of Financial Services, or call the Division of Consumer Services Insurance Consumer Helpline at 877-693-5236.

14.  If your insurance company has denied your hurricane damage claim or has failed to pay you a fair amount, contact Guy Yudin & Foster, LLP., or if you prefer, call 772.286.7372 right away.  Our Florida insurance claim attorneys can help walk you through the process from day one ensuring your rights and interests are protected every step of the way.

Murr v. Wisconsin: Another Blow to Private Property Rights

Murr v. Wisconsin

Another Blow to Private Property Rights

         Last week in an opinion that has been almost universally condemned, the United State Supreme Court struck yet another blow to private property rights in this country.   In Murr v. Wisconsin, the constitutional requirement that private property can't be taken for public use "without just compensation" (ie. “Takings Clause”) was at issue.  
        Our founding fathers so feared the power of the government to take private property that they included what is known as the “Takings Clause” in the Fifth Amendment of the Constitution. The Takings Clause made early America different from the rest of world, in that finally it was no longer permissible for the sovereign to simply take a citizen’s property without redress. 

         For the last century, the Supreme Court recognized when the government goes too far in regulating property making it economically unusable, the government has “taken property for public use” and must compensate the owner. The question in takings cases has always been how do you decide when the government has gone too far.  It was hoped that Murr decision would once and for all, provide the clarity necessary to define when the government has gone too far and taken private property.  Sadly, Murr accomplishes just the opposite.

         In the late 1990’s the Murr’s took title to two separate, but adjoining lots which the Murr’s father had purchased in the 1960’s.  One lot had a cabin, the second lot was vacant.  The Murr’s problems began in 2004 when the family tried to sell the vacant lot to pay for improvements to their cabin on the lot next door.  

         County officials blocked the Murr’s sale of the vacant lot, citing 1976 regulations that treated the two lots as a single parcel which couldn’t be divided. The family claimed those rules stripped the vacant land of its value and asked the government for compensation of $400,000.00 since they couldn’t build on their vacant lot. In contrast, the government argued it's fair to view both lots as a whole, despite the fact they were separate, and said the family was owed nothing.

         In a 5-3 decision (Justice Neil Gorsuch did not participate because he was not yet on the Court when the case was argued), the majority ruled in favor of Wisconsin but rejected it’s position that courts should simply treat contiguous parcels as one parcel anytime state law says they should be.  The majority also rejected the Murr’s position which was that there should be a strong presumption in favor of analyzing each parcel separately.  Instead, the Court further muddied the waters regarding what constitutes a taking by creating a new, and horribly vague multifactor balancing test which is sure to create nothing but confusion, uncertainty, and more litigation.   

         In his dissent, Chief Justice John Roberts recognized the majority opinion did absolutely nothing to clarify the state of takings law (as should be a guiding principle of the Supreme Court), but rather undermined the Constitution's protections for private property owners by giving government the ability to expand its power.  Roberts also recognized, “today’s decision knocks the definition of ‘private property’ loose from its foundation on stable state law rules.”  He went on to excoriate the majority saying their opinion “compromises the Takings Clause as a barrier between individuals and the press of the public interest.”  Roberts instead favored adopting a presumption of treating each parcel separately contending there is no good reason for concluding a regulation which qualifies as a taking for a one parcel shouldn’t be a taking for another parcel right next door.

        At the end of the day, the majority forgot or ignored the real question which is supposed to be asked in a takings cases, that being; what property rights has the government taken away from the owner?  Not how much property did the government leave him. The plain meaning of the text of the Fifth Amendment requires compensation whenever private property is “taken,” and does not create exceptions for situations where the owner loses only part of her rights.  Sadly, Murr ignores the plain meaning of the Constitution in favor of the ever increasing trend of judicial invention.  As a result of Murr’s judicial invention, government at all levels will now be emboldened to further eviscerate private property rights in favor of the “public interest”.  Property owners will be left with no choice but to look to property rights lawyers to become more creative in manipulating their land holdings to avoid common ownership of property.  

Jones Act Claim vs. Maritime Injury Claim

Jones Act Claim vs. Maritime Injury Claim

      The Jones Act is a comprehensive federal law passed by Congress in 1920 to protect United States ships and shipping interests from foreign competition. Among its many provisions, the Jones Act creates special rights for injured seamen.
      Title 46 of U.S. Code §30104 of the Jones Act is the provision which allows an injured seaman to bring a civil action against his employer if the seaman was acting within the courseand scope of his employment as a crewmember. If a seaman is injured as a result of the negligence of his employer the employer faces liability for the seaman’s injuries. In contrast, under state workers’ compensation schemes employees are generally prohibited from bringing lawsuits against employers for injuries caused by employer negligence.
     Who is eligible to file a Jones Act claim? Only a “seaman.” Under the statute, a “seaman” is defined as an employee whose duties contribute to the function of a vessel in navigation or accomplishment of its mission, and the employee’s connection to the vessel must be substantial. For example, if you were hired by a freighter owner to be ship’s engineer for an island cruise and you were injured aboard the freighter, you would qualify as a seaman. However, if you were the employee of an electronics firm that installed an electronics package on the freighter while it was in port you would not be qualify.
     Another unique feature of the Jones Act is that it allows for comparative negligence, which means that your own negligence will merely reduce your damage award proportionately. For example, many state laws prohibit an injured person from recovering against another if his or her own negligence was a partial cause of the injury. In a Jones Act claim however, if your negligence was determined to be 60 percent responsible for the cause of action accident and your employer is found to be 40 percent at fault, you may still recover 40 percent of your damages against your employer.
     There is a common misconception that “maintenance and cure” is somehow connected to a Jones Act claim. “Maintenance and cure” however is a completely separate right from a Jones Act claim. “Maintenance and cure” guarantees injured seamen receive medical care, treatment and support during convalescence. Seamen are entitled to maintenance payments until they have reached the point of maximum recovery. In order to be entitled to maintenance and cure, a seaman must only prove his injury occurred while employed on a vessel and was not caused by willful misbehavior.
     Unseaworthiness is yet another type of maritime injury claim. Unseaworthiness however is not a statutorily created remedy, but is a common law right to damages which arises when an unseaworthy condition on the vessel causes injuries. Unseaworthiness claims are not just available to seamen, but are also available to passengers as well. For example, if an injury occurs to a seaman or passenger as a result of poorly maintained or worn out equipment there is likely an unseaworthiness claim available.
     Regardless of the specific type of maritime claim, the basic process to be followed should be: 

1) Report any Injury no matter how insignificant if you there is any chance you might miss work to the captain or supervisor as soon as possible. If you don’t, you risk employers and more importantly insurers, assuming you were not really hurt.

2) You will be asked to fill out an accident report by your company Unless you are on medication or not capable of accurately filling out the report go ahead and do so, but don’t be afraid to tell your employer you are not able to do so. In the report section that asks who was at fault, if you do not specify the company was at fault, you will have a problem pursuing a Jones Act claim later. At worst, if you hope to be re-hired you should at least specify you are not sure who was at fault.

3) If you have significant injuries, you may be asked to give a statement to an insurer. Do your
best to avoid giving any such statement, at least until you decide if your injuries are significant enough to where you will need to hire a lawyer.

4) Get medical treatment as soon as possible. If you cannot obtain adequate medical treatment aboard the vessel, the ship should consult with a physician by phone or radio, and helicopter you out if need be. If you are in a foreign port you must be given proper medical treatment and sent home if necessary.

5) Do not miss doctor’s appointments and make sure you follow all of the doctor’s orders, and make sure not to miss any appointments. Don’t be surprised if you find out an insurance investigator is following you around taking pictures and videos trying to show you are doing something inconsistent with your doctor’s orders

6) Decide whether you need to hire a lawyer. As a general rule, you have no choice but to hire a lawyer if you have a Jones Act case, or if your maintenance and cure is not being paid, or if you can’t get medical treatment, or if your injuries are more than $15-20,000.

YES! YOU REALLY DO NEED BOAT INSURANCE

YES! YOU REALLY DO NEED BOAT INSURANCE

     Florida is the #1 boating state in the U.S. by any metric.  With warm weather most of the year, Florida has more than a million registered boats according to the National Marine Manufacturer’s Association.   This does not include the many, many thousands more unregistered vessels or transient vessels that pass through state waters every year.   Considering the sheer numbers of boats alone, it shouldn’t be surprising, and the statistics will tell you, more boats on the water means more boating accidents. 

     For anyone who owns a boat in Florida the magnitude of the accident

risk becomes apparent as soon as you reach the boat ramp for your first 4^th of July weekend, Labor Day weekend or Memorial Day weekend.  On these busiest boating weekends of the year, boat ramps and waterways are packed.  On these heavy boating weekends to say the least, there is a broad spectrum of  competence of vessel operators ranging from true experts to first time operators.  With extreme differences in the competency of vessel operators anyone, even the most seasoned navigators, can easily find themselves in the midst of a bad event if they are in the wrong place, at the wrong time, with the wrong person.

     With the risk so apparent, the need for boat insurance  would seem obvious.  However, one of the most frequently asked questions we get when working on the purchase or sale of any vessel is "do I really need boat insurance?". 

YES!!!!!  

     Let me be clear.  Everyone who owns a boat needs to have boat insurance!

     Even though boat insurance is not required here in the state of Florida (like automobile insurance)  banks holding your boat loan require it; marinas storing your boat require it; and many boating events are now beginning to require proof of insurance for participation. And before you ask, no, your homeowners policy does not provide any meaningful insurance coverage for your boat.  For instance, homeowners policies do not contemplate coverage issues like salvage, wreck removal, or pollution liability.

     Here are just some of the main reasons every boat owner needs adequate insurance for their vessel:

• Accidents.  With more than a million boats in Florida, and with operators having varying degrees of competence, accidents will happen.  Some are minor, but the truth is that many accidents every year cause serious injuries, and even death. Vessel insurance can off-set medical bills and other property damage.
• Litigation.  Lawsuits arise in many different circumstances.  Passenger injuries, injuries to other boaters, collisions, salvage claims, storms, fire, etc., all can lead to litigation  Without vessel insurance you are left to fend for yourself in a lawsuit and you will undoubtedly spend more in one lawsuit than you would for years of boaters insurance.
• Theft. Boat insurance can help cover the cost of replacing your boat if it, or the engine is ever stolen.
• Property damage. Boat insurance can cover repairs and/or replacement if your boat is damaged in a storm, or by vandalism. 
• Unknown events.  If your boat is moored at a dock slip, or sitting idly in a storage facility, there is still a chance your boat could be damaged by lightning or another boat crashing in to it or someone could be injured as the result of some freak accident when you are not around.  Boat insurance can protect you even if a loss occurs when you are not using the boat.

     Without insurance you face a terrible risk of losing your investment (ie. your boat) and perhaps a significant chunk of your other personal assets if you are involved in litigation resulting from an accident or other bad event.

     So how do you know you are buying the right insurance? Boat insurance policies are normally flexible and can be tailored to your needs to ensure you get the right policy at the right price.   The broadest policies available are all-risk policies.  These policies usually include coverage for losses due to specific perils such as fire or sinking or failed parts.  

     Liability only policies are normally much less expensive since they provide no coverage for damage to your boat, but usually only provide coverage for liability to others.  Liability only policies are frequently the best choice for vessels that are not worth that much.

     Agreed value policies give you the option to insure your boat for an agreed amount in the event of a total loss, while actual cash value policies do the same but generally provide a lower payout.

    No matter what type of policy you choose, be certain you understand what your boat insurance covers and what it doesn’t cover.  Does your policy cover your trailer? Your electronics? Your outboard motor? Towing AND salvage? (there is a BIG difference) Your fishing equipment? Your coolers? What are your navigational limits? Do you get a credit storing your vessel over the winter? Are you covered for anyone, including children, operating your vessel?

     At the end of the day the reasons for buying boat insurance are not that different from the reasons for buying homeowners insurance.  Yes, chances are good your house is not going to burn down, your valuables won’t be stolen in a robbery, your house won’t be washed away in a flood, but there’s still a chance something COULD happen.  The same principle applies to your boat.  Something COULD (and probably will) happen and when it does hopefully you will be calling your insurance company to file a claim, instead of calling our office to find out what you can do to protect yourself because you didn’t buy vessel insurance.   

3 Reasons To Fear the Quitclaim Deed

3 Reasons To Fear the Quitclaim Deed

Title to real property is conveyed by a deed. A real estate deed is a written and signed legal instrument that transfers the ownership of real property from one owner to another.  The “Grantor” on a deed is the “seller” or current title holder of the property, the “Grantee” on a deed is the buyer, or person to whom title is being transferred.

In Florida, there are three basic types of deeds, each of which conveys a different level of protection for the buyer. “Quitclaim deeds”, “Warranty deeds” and “specialized deeds”.  Warranty deeds provide the highest level of buyer protection, while quitclaim deeds provide the least.  Because quitclaim deeds offer such limited buyer protection, it's important to understand exactly what you're getting when you take title via a quitclaim deed. Here, five things to watch:

1.        No Guarantees

The overwhelming problem with quitclaim deeds is there are no guarantees by the seller.  In other words, the buyer is receiving virtually no assurances the seller is delivering good clear title to the property.   Furthermore, quitclaim deeds only transfer the ownership rights held by the seller.  Why is this important?  Since a quitclaim deed only transfers the rights owned by the seller, in a perfectly legal transaction, a seller could conceivably “sell” the Brooklyn Bridge a buyer via quitclaim deed.  In this instance, the buyer would receive nothing because the seller holds no interest in the bridge.  For this reason, quitclaim deeds are seldom used in real estate transactions where money is changing hands.

2.       Limited Uses

The main instances where a quitclaim deed might be appropriate is when there is a transfer property with no money involved, such as from a parent to an adult child, between siblings or when a property owner gets married and wants to add his or her spouse to the title.  Quitclaim deeds are therefore most commonly used when the parties know each other, and are more willing to accept the lack of buyer protection.  However, it cannot be stressed strongly enough that even where a quitclaim deed might be appropriate, the quitclaim still must be prepared and executed correctly.  For instance, one of the many issues with quitclaim deeds occurs when a parent who holds as trustee, conveys the property to an adult child via quitclaim deed.  If the quitclaim deed does not clearly specify the property is being transferred by the parent individually, and as trustee of the trust, there will almost assuredly be title problems down the line when the child goes to sell the property.

The other appropriate use of quitclaim deeds is to cure title defects, such as a name that has been misspelled in a prior deed.  

3.        Never used when a mortgage is involved

Since quitclaim deeds are almost never used where money is changing hands, they are never used when a mortgage is involved.  Lenders require complete assurance and guarantees that buyer holds good and clear title to the property in question, thus lenders always require warranty deeds.  Furthermore, many people do not recognize that they cannot remove themselves from a mortgage simply by executing quitclaim deed.  In most instances, lenders will not agree to remove anyone from a mortgage without payment in full.  In addition, most mortgages contain clauses prohibiting such transfers thus by executing a quitclaim deed you subject yourself and your “buyer” to a potential foreclosure action.

The Bottom Line

Quitclaim deeds are not the be all and end all, but they do have a legitimate purpose.  They provide a valid and legal means of conveyance that can convey title as effectively as a warranty deed if and only if, the grantor has good title.  However, quitclaim deeds have also been called “the problem children of the real estate world” for the problems they cause unsuspecting buyers. Regardless of whether you are taking title under a quitclaim deed or warranty deed, the truth is that no real estate transaction is simple.  In order to protect yourself and the person receiving title, when using a quitclaim deed you should always consult with the real estate lawyer to guide you through the issues involved.  As a general rule, the cost of assuring your transaction is done properly is very minimal compared the cost which the buyer will incur to rectify a title problem created by a bad quitclaim deed.

Florida Waterfront Property Buyers and Sellers Need a Real Estate Lawyer

Florida Waterfront Property Buyers and Sellers

Need a Real Estate Lawyer

 

Waterfront Property issues?

Buying and selling waterfront properties can be a confusing path to navigate.  If you are thinking of buying or selling property that borders a body of water, you must understand the purchase and sale of waterfront property involves more complex issues than purchasing property which is not waterfront.  The added complexity of waterfront property normally centers around the location of the waterline and riparian rights.   An attorney with experience in riparian rights and waterfront real estate can provide you with invaluable counsel regarding whether your land is really waterfront as advertised, whether others may have rights to use the land between your property and the water's edge or whether someone besides the State of Florida owns the submerged land you want to put your dock on.

          Significant issues to consider when buying or selling waterfront property include:

1. Does the property really extend to the water's edge?  You might think this is a dumb question, but I cannot tell you how many people have been in my office with “waterfront property” that isn’t really waterfront property.  Your deed only conveys the property described in the legal description.  In many instances, we find filled lands in between the waterline and the platted or surveyed lot lines.  Or, in less frequent instances, we find old easements, dedications, walkways etc.  If the property being conveyed does not extend to the waterline for any of these reasons, you may not have “waterfront property”.
2. Does someone other than the State own the submerged land adjacent to your waterfront property?  The State of Florida owns the vast majority of the submerged lands throughout Florida.  However, it is not uncommon to find instances where a third party owns the bottom land immediately adjacent to waterfront property.  Depending on the particular circumstances, third party ownership could create a significant problem locating your dock, or worse yet, how about if the submerged land owner tries building a dock on his submerged property?  
3. Are there existing or potential riparian rights issues with the neighboring properties? The main reason most people purchase waterfront property is for riparian rights.  These rights include the right to ingress and egress by boat, the right to build a dock, the right to fish, and the right to view the water to name a few.  Is your neighbor’s existing dock blocking your view of the water? Is your neighbor’s dock located such that when he wants to add a boat lift, your ingress and egress will be blocked? Does the location of your neighbors dock impact how you will have to construct your new dock?
4.  Are your neighbors using your land?  Is there a path or walkway across the lot that extends to the water?  Does someone other than the seller maintain a dock or moor boats on or adjacent to the property?  If so, further investigation is required before you buy, to determine what legal rights, if any, such users might possess.
5. Are there pre-existing issues with neighbors or the association?  Buyers always need to talk to the homeowner's association.  Many waterfront areas have homeowner's associations that may have valuable information regarding issues that have confronted riparian owners.  Are there current disputes, past issues, that may remain unresolved or understandings regarding rights to use waterfront areas?  Owners of adjacent lots may have similarly valuable information
6. Will erosion or accretion be an issue for the property?  Erosion and to a lesser degree accretion, are big concerns for waterfront property owners. Over time, you can actually lose property (erosion) or gain property (accretion) if the shoreline has not been appropriately protected and buffered. If a sea wall or bulkhead of some type already exists, then you should invest in an inspection to determine if it’s sufficient, has been properly maintained, etc.
7. What questionable documents are contained in the title search or commitment.  If there are covenants, restrictions, declarations or similar encumbrances to which the land is subject, they must reviewed and analyzed.  Does you deed properly convey riparian rights?  Have they been severed by a previous owner?
8. What about the waterbody and future permitting? How deep is the water adjacent to your property?  That will directly affect your ability to build a dock and/or determine how long your dock will need to be.  Are there any water quality issues?  Are the existing in water structures properly permitted?  What is the likelihood you can add a slip, or a roof to a boathouse or bring in a larger boat?  Local permitting knowledge is essential and all these questions need to be addressed before you buy waterfront property.
9. Do any local ordinances restrict or otherwise control the use of the waterfront?  Some municipalities have enacted ordinances to regulate docks and the mooring of boats.  Some areas have significant building setback requirements on the upland.  Some areas don’t allow new seawalls.  Aside from regulating in water structures, most areas have specific engineering requirements for waterfront property. 
10. What will insurance cost?  Check out insurance carefully, as there are different types of policies and coverage that are important when purchasing waterfront property. Flood insurance and hazard policies address different things and can be complicated. Be sure to investigate wind damage to see if additional riders are required. 

There is no substitute for expert advice and specific information when it comes to buying waterfront property.  Due diligence is the key, don’t let yourself down.  If you think you are buying waterfront property confirm that fact by investigating BEFORE you buy.  Equipped with the right expertise, guidance and knowledge, you’ll be ready to turn to your waterfront dream into a reality. Call Guy Yudin & Foster, LLP. at 772.286.7372 for help with your waterfront property transaction.