We received another question from a viewer: “I have a client whose property I am about to list. They tell me they have deeded beach rights. Should I disclose this in my listing?”
If it adds value to the property you absolutely want to add this to your listing and marketing materials. That said, we as a real estate professional are hearing this piece of information from our client. We trust what they are telling us, but also should make sure to verify.
Deeded rights are specific rights and you will want to make sure that you describe them accurately. You should look at the owner’s deed and make sure that the beach rights are actually mentioned in the deed. Sometimes it is through a homeowner’s association and sometimes it is noted onto their deed.
Just because the owner has thought they have beach rights and have used the beach without any issues, does not actually mean they have deeded rights. We advise real estate professionals and sellers to make sure this is confirmed before you list the property and state that you have those rights.
In conclusion, trust but verify! Go to the Registry of Deeds to verify the beach rights exist and then make those disclosures. You do not want to be accused of “misrepresentation of a material fact.”
If you have any questions about Beach Rights contact us by calling (781) 319-1900.
Copyright © 2019 Stiles Law, All rights reserved. Stiles Law is a Massachusetts licensed law firm and all content is based on Massachusetts law. The information presented above is meant to be used for general informational purposes and it should not be construed as legal advice or legal opinion on any specific facts.