Author: Lugean Hogan, REALTOR®/BROKER, ABR, CLHMS
When someone tells me they want a soundfront home on the Crystal Coast, one of the first things I ask is what they plan to do with the water. Do they want to sit on the porch and watch the boats go by? Keep a center-console at the dock? Or build a pier someday so the grandchildren can fish and swim?
Those are three different expectations, and the deed doesn't necessarily give you everything you have in mind.
I, Lugean Hogan, lived in Carteret County for more than 40 years, and before I got into real estate, I managed sales and service at Jones Brothers Marine, my family's boatbuilding business. I've spent a good part of my life around boats, docks, and the waterways of Eastern North Carolina. One thing I've learned is that having water behind your house and having the right to use it the way you want are not always the same thing.
Riparian rights generally give owners of qualifying North Carolina soundfront property reasonable access to adjacent navigable water. They do not automatically give you ownership of the sound bottom, exclusive control of the water, or permission to build whatever dock you want.
That distinction matters on Bogue Sound, Core Sound, Back Sound, and the creeks and coves around Beaufort, Morehead City, and Harkers Island.
Let me explain what those rights actually mean, where the limitations come in, and what I would want you to know before buying.
What Do Riparian Rights Give a Soundfront Owner?
In simple terms, riparian rights are legal rights associated with owning land that borders water. Along North Carolina's navigable sounds, they generally protect a qualifying waterfront owner's reasonable access to the water.
Depending on the property and applicable regulations, those rights may allow you to:
- Access navigable water directly from your waterfront property.
- Apply to build a private pier or docking facility.
- Use the adjoining water for lawful boating, fishing, and recreation.
- Protect reasonable access from certain interference by neighboring waterfront development.
But here's the distinction I always want buyers to understand: Having a right to reach the water is not the same as owning the water.
North Carolina recognizes riparian rights while also protecting the public's right to use navigable waters. You can read that distinction in the state's legal recognition of riparian rights and public-trust waters.
You generally cannot fence off part of Bogue Sound, prevent boats from passing through navigable water in front of your home, or assume the sound bottom belongs to you because your property touches the shoreline.
I bring this up because buyers sometimes see "waterfront" in a listing and picture everything that comes with it. When we're looking at Crystal Coast residential homes for sale, I want to know exactly what the property offers rather than what the photographs suggest.
A beautiful view is one thing. Documented, usable water access is another.
Where Does Soundfront Property Ownership End?
For many privately owned tidal soundfront properties in North Carolina, the boundary between the upland and submerged land is associated with the mean high-water shoreline.
That doesn't mean you can stand at the water's edge, look down, and know precisely where your legal property ends.
The deed, recorded plat, title history, survey, and applicable law all matter. North Carolina generally holds submerged lands beneath navigable waters in public trust, although certain historic grants and other recognized private property rights can create exceptions.
I wouldn't want a buyer relying on a seller's description of the shoreline without checking the documents.
Why the Shoreline Boundary Matters
Waterfront property doesn't behave exactly like an inland lot.
Natural erosion can gradually move a shoreline landward. Accretion, where sediment naturally builds up, can move it in the other direction. Storms, shifting sediments, and shoreline modifications can change what a property looks like over time.
The legal consequences depend on how those changes occurred and the property's title history.
Think about a home along Bogue Sound with an older bulkhead. From the backyard, that bulkhead may look like a clear dividing line between the property and the water. But the structure's location doesn't necessarily establish the legal boundary.
The same question can arise along a protected cove near Taylors Creek or a marsh-lined creek off Core Sound, where the shoreline isn't always easy to define by looking at it.
My advice is simple: Don't confuse the visible shoreline with a legally established property boundary.
Before closing, have a North Carolina licensed surveyor familiar with coastal boundaries review the property. If the deed or title raises questions about submerged land or shoreline changes, bring in a North Carolina real estate attorney.
It's much better to understand the issue before you own the property.
Do Riparian Rights Allow You to Build a Dock?
Possibly, but riparian rights do not guarantee approval for the dock you have in mind.
This is where my background at Jones Brothers Marine comes into the conversation. When someone talks about buying waterfront property for a boat, I want to know the type of boat, how much water it needs, and whether the property can realistically accommodate it.
But before you get to the boat, you have to consider what the law allows.
Many new residential docks and piers along North Carolina's regulated coastal waters require authorization under the Coastal Area Management Act, commonly called CAMA. Depending on the proposed work, other state, federal, or local approvals may also be necessary.
The North Carolina Division of Coastal Management explains the different CAMA permit types and application requirements.
Factors that can affect dock approval include:
- The width and configuration of the sound or creek.
- The proposed dock's length and location.
- Navigation channels and nearby boating activity.
- Neighboring owners' riparian access areas.
- Coastal wetlands and other protected resources.
- Existing waterfront structures and applicable development rules.
A property on a narrow creek near Harkers Island may have very different possibilities from one facing a wide stretch of Bogue Sound.
I don't want a buyer paying a premium for a property based on a dock they hope to build, only to discover later that the proposed design cannot be approved.
For a closer look at construction requirements, I've covered the process in our guide to CAMA dock permits on the Crystal Coast.
Does Riparian Access Guarantee Deep Water?
No, and this is a distinction boat owners need to take seriously.
A property can have legal access to the sound without having enough water at the dock for your particular boat.
Water depth changes with tides, and some creeks and canals become very shallow at low water. A dock that looks perfectly usable during an afternoon showing may tell a different story when the tide goes out.
I always encourage buyers to think about what they actually intend to do.
If you're planning to launch a kayak, shallow water may not bother you. If you're bringing a center-console that needs a certain draft, the depth at the dock and along the entire route to navigable water matters.
The legal right to access the water won't make that water any deeper.
Our guide to deep-water access requirements on the Crystal Coast explains what boat owners should investigate before purchasing.
How Are Riparian Access Boundaries Determined?
This is one of those subjects that doesn't usually come up while buyers are admiring the view from a back porch.
It should.
The side boundaries of your waterfront lot do not automatically extend straight out into the sound as private ownership lines.
North Carolina's coastal development rules use areas of riparian access to help determine where docks and piers may be located in relation to neighboring waterfront properties.
Under the applicable permitting standards, the division of those access areas generally involves identifying the channel or deep-water line in front of the properties and using a perpendicular line associated with the point where the upland property boundary reaches the shoreline.
That can produce a result different from what a homeowner might assume by looking at the backyard.
It's especially important around the curved shorelines, points, and coves we have throughout Carteret County.
Two neighboring properties may have similar waterfront footage but different practical opportunities for placing a dock.
That's why I would rather see a buyer ask a qualified coastal surveyor to evaluate the access area than make assumptions based on an old plat or the location of a neighbor's pier.
What Is North Carolina's 15-Foot Dock Setback?
North Carolina's coastal development rules generally require a 15-foot setback between a pier or docking facility and an adjoining owner's area of riparian access.
There are provisions allowing the setback to be waived through qualifying written agreements or certain joint applications. But an agreement about the setback doesn't automatically transfer property ownership or remove other permitting requirements.
The applicable provisions are found in the North Carolina Coastal Resources Commission's current development rules, including 15A NCAC 07H .0208.
I wouldn't advise anyone to assume that a dock can be moved closer to the neighboring access area just because the owners are friendly.
Friendships are valuable, but proper documentation is what you want when property changes hands.
What If a Dock Encroaches on a Neighbor's Access?
An existing dock may have been built under an earlier permit, with a neighbor's written agreement, or under circumstances that aren't immediately clear from the current property records.
The problem sometimes becomes apparent when a buyer orders an updated survey.
Suppose the survey indicates that the dock extends into an adjoining owner's riparian access area or doesn't match the approved drawings. That finding deserves attention before the buyer commits to the purchase.
I'd want answers to several questions:
- Was the dock properly authorized when constructed?
- Is there a recorded agreement or written setback waiver?
- Does the structure match the approved plans?
- Would significant repairs or replacement trigger additional review?
- Is there a lawful way to resolve any identified conflict?
Depending on the facts, a solution might involve an attorney, coastal surveyor, permitting officials, a revised design, or discussions with the adjoining owner.
But there is no guarantee that every problem can be corrected with a simple agreement.
An older dock isn't automatically legal just because it's been there for years, and an existing permit doesn't necessarily settle every neighboring-access dispute.
That's something I'd want investigated during due diligence, not after closing.
Do Riparian Rights Allow Shoreline Improvements?
Soundfront owners naturally want to protect their property from erosion. I've lived on this coast long enough to understand why shoreline protection is an important concern.
But owning waterfront property doesn't mean you can automatically install a bulkhead or place riprap wherever you want.
Shoreline stabilization projects may require CAMA approval, and the appropriate method depends on the shoreline's physical and environmental conditions.
Along parts of Core Sound and Back Sound, marsh grasses are a natural part of the shoreline. A property with healthy fringing marsh can present different stabilization considerations from a property with an exposed shoreline and an existing bulkhead.
North Carolina's Division of Coastal Management provides official guidance on estuarine shoreline stabilization, including the importance of evaluating erosion conditions and appropriate protection methods.
When I'm helping someone consider a waterfront home, I want them to know the condition of any existing shoreline structure and whether its permits and maintenance history are available.
For a more detailed explanation of the options, see our comparison of bulkheads, riprap, and living shorelines.
Riparian Rights Checklist for Soundfront Buyers
When you're buying soundfront property, the view can make it easy to picture how life will feel once you move in.
I understand that feeling. I was raised in Eastern North Carolina, raised my three children in Carteret County, and have spent much of my life enjoying the waterways that make this area special.
But I also know that a waterfront purchase deserves careful homework.
These are the questions I'd want answered before closing.
1. Confirm the Waterfront Boundary
Start with the deed, recorded plat, and current survey.
Does the parcel actually extend to the water? Are there easements, restrictions, or unusual title conditions affecting access?
If the shoreline has moved or the records are unclear, get a professional explanation rather than assuming the yard tells the whole story.
2. Identify the Riparian Access Area
Don't assume a standard boundary survey addresses the areas of riparian access used for coastal permitting.
Ask a licensed surveyor familiar with waterfront property whether additional work is needed, particularly when a dock is already present or you're considering building one.
This becomes especially important on curved shorelines or where neighboring structures are close together.
3. Verify Existing Dock and Pier Permits
Ask for available permits, approved drawings, amendments, and other records relating to docks, piers, boat lifts, and waterfront improvements.
Then compare the documentation with what's actually on the property.
North Carolina law includes a CAMA permit exemption for certain qualifying repairs or rebuilding of damaged or deteriorated docks, piers, and walkways. But specific limitations apply, and other state or federal approvals may still be necessary.
Those conditions are addressed in North Carolina's statutory CAMA permit requirements and dock-repair exemption, particularly G.S. § 113A-118(g).
I would never assume that a dock can be enlarged, relocated, or substantially rebuilt without checking the requirements that apply to the proposed work.
4. Review Neighbor Agreements and Shared Access
Some waterfront properties involve shared docks, access easements, or agreements about where structures can be placed.
Ask whether there are written documents covering:
- Shared piers or docking facilities.
- Riparian access setbacks.
- Boat lifts and mooring arrangements.
- Waterfront access easements.
- Maintenance and repair responsibilities.
- Common shoreline improvements.
A verbal understanding between neighbors may sound reassuring, but it may not give a future buyer the rights or protection they expect.
Have an attorney examine any agreement that matters to the property's intended use.
5. Verify the Intended Water Access
This may be the most practical question of all: Will the property let you enjoy the water the way you want?
If you're a boater, investigate the water depth at low tide and the route to navigable water.
If you want to build a pier later, find out whether your proposed location and design are realistic under the applicable rules.
And if the property already has a dock, don't assume that its presence means everything you want to do with it is allowed.
The right to access the sound and the ability to use that access for your specific plans are two different things.
6. Resolve Unanswered Questions Before Closing
If a survey raises a concern, a permit can't be located, or a neighboring dock appears unusually close, don't put the question aside.
A coastal surveyor can help with boundaries and access areas. A real estate attorney can evaluate legal rights and agreements. Coastal permitting officials can explain how regulations apply to existing or proposed structures.
I want buyers to have those answers while they still have time to evaluate their options under the contract.
Our Coastal North Carolina waterfront buyer's playbook covers the broader issues to investigate when purchasing a waterfront home.
Who Should Help Evaluate Riparian Rights Before Buying?
One reason I enjoy working with Crystal Coast buyers is that no two waterfront properties are exactly alike.
A home facing open Bogue Sound in Morehead City is different from one overlooking a protected creek near Beaufort. And neither is quite the same as a property along Core Sound near Harkers Island.
The lifestyle, boating access, shoreline conditions, and practical ownership questions can change considerably from one location to another.
At Star Team Real Estate, I, Lugean Hogan, bring more than 40 years of living in Carteret County, more than 10 years in real estate, and my Accredited Buyer's Representative (ABR) and Certified Luxury Home Marketing Specialist (CLHMS) designations to helping buyers understand coastal properties.
Before real estate, I managed sales and service at Jones Brothers Marine. That experience gave me a practical appreciation for the relationship between boats, water depth, docks, and the waterways around our coast.
It's why I don't look at a beautiful dock and stop there. I want to know how the water works around it, what documentation is available, and whether it suits the buyer's plans.
I also know when a question needs an answer from a licensed surveyor, coastal permitting official, marine professional, or North Carolina real estate attorney.
My job isn't to replace those professionals. It's to help buyers recognize which questions need answers so they can make a well-informed decision.
What Riparian Rights Mean for Crystal Coast Buyers
After more than four decades in Carteret County, I still appreciate what makes a home on our sounds so special.
There is something wonderful about watching the light change over Bogue Sound, seeing boats work their way along the waterfront, or having a quiet place where the family can gather beside the water.
But when you're buying that property, you need to know what comes with it.
Riparian rights generally protect reasonable access to navigable water. They don't automatically give you ownership of the sound bottom, exclusive use of the water, or approval for a dock of your choosing.
The important questions are where your property legally ends, how your riparian access is defined, and what you're permitted to do along the waterfront.
Those are questions worth answering before closing.
Frequently Asked Questions
Does owning soundfront property mean I own the water in front of my house?
No. Owning soundfront property in North Carolina generally gives you riparian rights to reasonable water access, not ownership of the water or sound bottom. Navigable waters remain subject to public-trust rights, although certain submerged lands may have private ownership claims. I recommend checking the deed, survey, and title history before assuming what a waterfront property includes.
Can I build a private dock on any North Carolina soundfront lot?
No. Riparian rights do not automatically guarantee permission to build a private dock on a North Carolina soundfront lot. Dock construction may require CAMA permits and must satisfy applicable rules for navigation, neighboring riparian access, and environmental protection. I always encourage buyers to verify whether their proposed dock is allowable before purchasing.
Can my neighbor build a dock that blocks my water access?
North Carolina's coastal development rules protect riparian access from interference by neighboring docks. Piers and docking facilities generally must remain at least 15 feet from an adjoining owner's riparian access area, unless a qualifying waiver or other applicable exception applies. If a neighboring dock appears to interfere with your access, I recommend having a coastal surveyor and the appropriate permitting officials evaluate the situation.
Is an existing dock automatically legal because it was built years ago?
No. An older dock on North Carolina soundfront property is not automatically legal simply because it has existed for years. Some structures were lawfully built under earlier rules, and certain repairs may qualify for permit exemptions, but their authorization and current condition still matter. I recommend reviewing available CAMA permits, approved plans, and relevant agreements before closing.
Do I need a special survey to establish my riparian access area?
A specialized coastal survey may be necessary to identify the riparian access area associated with a North Carolina soundfront property. A standard boundary survey may show where your land ends without establishing the access areas used for waterfront permitting. I recommend asking a licensed coastal surveyor to evaluate the property, particularly if an existing dock or future construction is involved.
Do riparian rights guarantee enough water depth for my boat?
No. Riparian rights provide legal water-access protections, not guaranteed deep-water access or a specific navigable depth. A dock on Bogue Sound, Core Sound, or Back Sound may become too shallow for certain boats at low tide. With my background in the marine business, I always encourage boating buyers to verify water depth, vessel draft, and the route to navigable water before purchasing.
Buying Soundfront Property on the Crystal Coast? Let's Talk.
If you're considering soundfront property in Beaufort, Morehead City, Harkers Island, or elsewhere on the Crystal Coast, I'd be glad to help you sort through what matters and identify the professionals who should be involved.
At Star Team Real Estate, we want you to feel as confident about what you're buying as you are excited about the view.
Learn more about our Coastal North Carolina home-buying service or give us a call at (252) 727-5656. Let's talk about the property, your plans for the water, and what you need to know before moving forward.
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