Dear Heather

I have a waterfront property with a dock, and I’m looking to sell it. I’ve heard I will need a ‘Foreshore Encroachment License’, is this true? What is it?

Dock Owner

Point Shares

Dear Dock Owner

We have qualified customers actively seeking boat friendly waterfront property in any Parish — it is very much sought after at the moment. In order for the property to be conveyed you will need a ‘Foreshore Lease’.

I will briefly outline what this is below.

The Government of Bermuda has freehold title to all of the foreshore and seabed from the mean high water mark and extending 12 nautical miles offshore — it is known as the Queen’s Bottom. When waterfront landowners construct docks or jetties, whether concrete or wooden, from their properties to gain access to the water, and parts of that dock or jetty project beyond their lot line and over the foreshore, it is classified as an encroachment.

The Ministry of Works and Engineering rectifies or regularises these encroachments by issuing a ‘foreshore lease’ for a term of 21 years.

If, however, the dock has been in existence and unchanged for a period of over 60 years — which must be proved with affidavits, official plans et cetera, then it is deemed to be ‘regularised’ and is exempt from a lease.

As a sales agent, I guide my sellers who have waterfront property through this process and recommend that they get a legal opinion from a good attorney with experience in such matters who can handle it for them.

This way the property can be conveyed with good title in a timely manner.

Heather Chilvers is among Coldwell Banker Bermuda Realty’s Leading Sales Representatives. She has been working in real estate for 25 years. If you have a question for Heather, please contact her at hchilvers@brcl.bm or 332 1793. All questions will be answered confidentially.