Imagine the purchase of prime oceanfront properties is bought the person and spends a million dollars to acquire a dream. Then they throw in another two million dollars for a house, dock for the yacht and a swimming pool. At last, they have created their own exclusive getaway on the oceanfront properties. Not so fast.

It is becoming more and more apparent that there is no such thing as a truly private beach in many parts of the United States of America. Blame it on an old Roman law called the "Public Trust Doctrine." Under that doctrine, the government has an interest in all private oceanfront properties. Thus, where the sand is wet, there is usually government ownership or at least some right of access on the land properties.

This means that even people who have real estate plans demonstrating that they own parts of the beachfront properties really do not have exclusive ownership. They may own the sand, they may be able to erect some improvements on the sand, but in most instances they do not have exclusive use and control of the wet sand. They have a partner. The State.

The Public Trust Doctrine is an equitable doctrine. The doctrine stands for the principle that everybody should have access to the oceanfront properties and the navigable waters.  The original use of the doctrine applied to fisherman. Everybody needed to have access to the water so that they could fish and earn a living or find some food.

In recent times, the doctrine has been expanded to all water dependent activities including, swimming. And as our coastal States become more developed, meaning that the competition for a finite amount of coastal real estate becomes enhanced, the Public Trust Doctrine becomes increasingly more significant to owners of oceanfront properties.  

Different States define the Public Trust Doctrine in different ways. The extent of government control and regulation differs from State to State. And the types of uses and classes of persons protected under the Public Trust Doctrine also differ.

But as a general rule if the sand on the oceanfront properties is wet it is Public Trust property. And in certain places if the sand on the oceanfront properties is dry but adjacent to wet sand at least to some extent it is also considered public trust property.

When someone owns land properties that happen to be public trust property, their use and enjoyment of the property may be diminished to some extent. For example, persons who own public trust property may not be able to fence off their entire ocean front properties. And it is usually owners of these beautiful large oceanfront properties who are the most inclined to fence off their property to guaranty exclusive use and enjoyment.

The law usually provides that States have an affirmative obligation to vigorously protect public trust property. This means that individuals who own oceanfront properties and go too far in excluding members of the public from accessing the ocean face the possibility of litigation.

Remember, coastal communities are generally experiencing a rise in their populations. Yet, the amount of oceanfront properties will remain a constant forever. And as the competition for this finite real estate continues due to population growth, expect more and more demands for public access and an increase in the amount of Public Trust Doctrine litigation.