Who hasn’t at one point or another dreamt of lavish homes along Los Angeles beaches, the sound of the surf, the salt in the air, and your very own private stretch of shoreline? Most likely, anyone familiar with California law. Because they would recognize that this dream is nothing more than a dream. Yes, the homes are real. The beaches, too. But the idea that a California beach would be accessible only to you? Pure fantasy. And it’s integral to realize upfront that beachfront property in California never means owning the beach itself.
The Rarity of a Truly Private Beach
Privately-owned beaches are exceedingly rare, even throughout history. In the times of ancient Rome, the shoreline was explicitly regarded as “public dominion.” Judges in medieval England brought this philosophy up to the standards of their time under the public trust doctrine.
The public trust doctrine operates under the concept that some resources should be reserved for public use. It’s a perspective that the United States later adopted and that the state of California wholeheartedly embraces to this day. California law specifically protects the tideland, the space that lies between the mean high and low tides, from private purchase. The state constitution and statutory restrictions further support this.
Most states have similar laws, placing the boundary between public and private property at the mean high tide line, an average determined over a 19-year cycle. From that line out toward the ocean remains open to the public.
The Ever-Evolving Property Line
While it’s not an exact science, you can estimate the boundary between public and private property in California by where the surf meets the sand. If you see dry sand, it’s possible that it falls into private property, depending on how the land is deeded.
Keep in mind that this boundary is always evolving. The mean high tide line is referred to as “ambulatory”, a term that means it keeps moving as the shore erodes or grows. California often sees its shores erode during the winter and grow during the summer. But, as sea levels continue to rise, this boundary is predicted to gradually draw further inland. And it may even begin to encroach on private property.
Further Protection for Los Angeles Beaches
It’s not just the public trust doctrine that prospective California beachfront property owners need to consider. In 1976, the state passed the California Coastal Act, a law designed to offer an added degree of protection to California’s 1,100 miles of coastline. Public access to the beach is a core tenet of this law. Adding further to this, the California Coastal Act stipulates that development should not hinder this access.
In 2014, the law got some back-up when the state legislature passed another law instituting an $11,250 per day fine on landowners who unlawfully prevented access to the coastline. Fines are collected by the California Coastal Commission. Since then, over $5.1 million in fines have been imposed on Malibu property owners alone.
For some homeowners, the nuances of these laws can lead to a jarring reality check when they try to build fences or make structural changes to their homes. Projects like these need prior approval from the Coastal Commission. There are even documented cases of landscaping or security system installations that have resulted in legal battles.
You Can’t Own the Beach. But Here’s What You Can Do.
If any of this is a revelation to you, it may leave you reconsidering a home near any Los Angeles beaches. But public access shouldn’t block your access to your homeownership dream. It should, however, serve as a reminder of the importance of due diligence when shopping for the right home. You’ll still get unmatched proximity and enviable views when you buy a beachfront home in LA. You just won’t get exclusive rights to the beach itself. And if that’s what sold you on paying the premium these homes command, it’s better you’re finding out before the contracts are signed.
The reality of the situation: those public access paths snaking past your dream home are most likely legally protected, beachgoers can stroll past your deck as they please, and your property’s boundary can wax and wane with the tide. Therefore, make sure to scrutinize your deed for easements, consult a land use attorney familiar with the California Coastal Act, and get to know the high tide line of a parcel.
With a brand that says as much as JohnHart’s, Senior Copywriter Seth Styles never finds himself at a loss for words. Responsible for maintaining the voice of the company, he spends each day drafting marketing materials, blogs, bios, and agent resources that speak from the company’s collective mind and Hart… errr, heart.
Having spent over a decade in creative roles across a variety of industries, Seth brings with him vast experience in SEO practices, digital marketing, and all manner of professional writing with particular strength in blogging, content creation, and brand building. Gratitude, passion, and sincerity remain core tenets of his unwavering work ethic. The landscape of the industry changes daily, paralleling JohnHart’s efforts to {re}define real estate, but Seth works to maintain the company’s consistent message while offering both agents and clients a new echelon of service.
When not preserving the JohnHart essence in stirring copy, Seth puts his efforts into writing and illustrating an ongoing series entitled The Death of Romance. In addition, he adores spending quality time with his girlfriend and Romeo (his long-haired chihuahua mix), watching ‘70s and ‘80s horror movies, and reading (with a particular penchant for Victorian horror novels and authors Yukio Mishima and Bret Easton Ellis). He also occasionally records music as the vocalist and songwriter for his glam rock band, Peppermint Pumpkin.
