A Florida court has ruled in favor of homeowners Bruce and Cathleen Hawthorne, allowing them to build a dock over submerged land owned by 5F, LLC. The court's decision, filed on February 26, 2021, affirms the Hawthornes' rights to construct their dock without needing consent from 5F. This ruling is significant for property owners along navigable waters, as it reinforces the common law rights of riparian owners against private claims on submerged lands.
The case, known as 5F, LLC v. Bruce N. Hawthorne and Cathleen A. Hawthorne (Docket No. 2D19-2574), arose when 5F, a company that acquired submerged lands around Boca Grande Island, attempted to prevent the Hawthornes from building their dock. The ruling emphasizes the rights of property owners to access navigable waters, which can impact future disputes over submerged lands in Florida.
Background
5F, LLC, acquired significant portions of submerged lands surrounding Boca Grande Island in 2011. Following this acquisition, the company issued warnings to upland property owners, including the Hawthornes, stating that any attempt to construct docks over its submerged lands would result in legal action for trespass. 5F demanded substantial payments from property owners in exchange for permission to build docks. The Hawthornes rejected these demands, which included a request for $100,000 to allow them to build their dock and a later demand for $162,000 to purchase the submerged land.
In June 2017, the Florida Department of Environmental Protection (FDEP) granted the Hawthornes a permit to build their dock, subject to state guidelines. Lee County also permitted the construction, requiring compliance with the submitted plans. The Hawthornes began construction, prompting 5F to file a lawsuit for trespass and injunctive relief. In response, the Hawthornes counterclaimed for slander of title.
The Ruling
The court ruled in favor of the Hawthornes, stating they had a common law right to construct a dock over the submerged land without needing 5F's consent. The judge, Sleet, noted that the Hawthornes, as riparian owners, could build their dock out to navigable waters. The ruling referenced a prior case, 5F, LLC v. Dresing, which clarified that riparian owners have rights to construct docks, but did not limit those rights to the low water line.
The court stated, "The Hawthornes, as riparian owners, have a common law right to construct a dock over privately owned submerged land adjacent to their upland property and out to navigable water without the consent of the owner of the submerged land."
The court emphasized that 5F's claims to the submerged land did not override the public trust doctrine, which protects the rights of the public and riparian owners. The ruling concluded that 5F's demands for payment to allow dock construction were inappropriate and violated the Hawthornes' established rights.
Impact
This ruling is significant for property owners along Florida's navigable waters. It reinforces the principle that riparian owners have the right to access navigable waters without interference from private landowners who may own adjacent submerged lands. The decision clarifies that such rights are protected under the public trust doctrine, which holds that submerged lands are meant for public use, including navigation and recreation.
The court's decision may deter similar claims by private entities seeking to restrict access to navigable waters or charge fees for dock construction. It sets a precedent that affirms the rights of homeowners against private ownership claims over submerged lands, ensuring that riparian rights are upheld in future disputes.
What's Next
5F, LLC may seek to appeal the ruling, but details regarding any potential appeal were not available in the court filing. There are no related cases pending that were mentioned in the opinion.