A Florida court recently ruled on a dispute between two neighbors regarding the construction of a dock on the Intercoastal Waterway. The decision, made by the District Court of Appeal of Florida, affects the riparian rights of homeowners Jack Kessler and Alexander Ayzen. This ruling clarifies how property owners can exercise their rights without infringing on their neighbors' rights.
The case, titled Jack Kessler v. Alexander Ayzen, was filed on July 1, 2026, under docket number 3D2025-0117. The court's decision comes after Kessler objected to the Ayzens' plans to build a dock and boatlift behind their home, claiming it would obstruct his view of the water. The court's ruling is significant as it addresses the balance between property rights and the rights of neighbors.
Jack Kessler and Alexander Ayzen are neighbors in a townhome community located in Aventura, Florida. Both own homes that have views of the Intercoastal Waterway. The Ayzens sought to build a marginal dock and boatlift behind their home in 2020. The proposed dock would be approximately five feet wide and twenty-one feet long, with a capacity for a 20,000-pound boat. The homeowners' association approved the construction, but Kessler objected, arguing that the dock would obstruct his view by 32 degrees.
Despite Kessler's objections, the Miami-Dade Division of Environmental Resources Management recommended approval of the Ayzens' permit. The Board of County Commissioners held two public hearings where Kessler voiced his concerns, but ultimately, the board approved the dock with an 11-0 vote. Following this decision, Kessler filed a petition for writ of certiorari, which was denied, leading him to file a complaint against the Ayzens seeking a declaratory judgment on his riparian rights.
The Ayzens countered Kessler's claims, asserting that their dock would not infringe on his rights. They filed a motion for summary judgment, arguing that the dock would not materially interfere with Kessler’s view. The trial court agreed, granting the Ayzens' motion and entering a final summary judgment in their favor. The court cited a previous case, Hayes v. Bowman, stating that Kessler's right to an unobstructed view was not exclusive against all interference.
The court ruled, "Kessler has a right to an unobstructed view over an area in the direction of the Waterway, such right is not exclusive against all interference when looking upon the Waterway from the upland property in a particular direction." The judges on the panel included FERNANDEZ, GORDO, and GOODEN. The court affirmed the trial court's decision, stating that the Ayzens' dock did not substantially or materially interfere with Kessler's view.
This ruling has implications for property owners along the Intercoastal Waterway and similar waterways in Florida. It clarifies the balance between the rights of upland property owners to build docks and the rights of neighboring property owners to maintain unobstructed views. The court's decision emphasizes that while property owners have rights to access and use the water, these rights must be exercised in a manner that does not unreasonably infringe on the rights of others.
Going forward, this ruling may set a precedent for future disputes involving riparian rights and the construction of docks. It highlights the importance of balancing individual property rights with the rights of neighbors. Property owners must be mindful of how their actions can impact those around them.
As for the next steps, Kessler has the option to appeal the decision. However, details regarding any potential appeal were not available in the court filing. The case may also influence other pending disputes related to riparian rights and waterfront property use in Florida.