Dear Heather,

I am looking to buy a house on the water with a dock. Friends tell me to be sure the dock has a foreshore licence. What does this mean?

Water Lover

Dear Water Lover,

With Bermuda summer officially here, you are not alone! We have qualified customers actively seeking boat-friendly water front property in any parish, it is indeed very sought after.

Boatable waterfront property with a dock can be hard to find, however. If you find something you like and your offer is accepted in order for the property to be conveyed it will have to have a foreshore lease or licence.

What is a foreshore lease and how do you know if a dock actually has one or even needs one?

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 off shore (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 that 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 proven with affidavits, official plans etc, then it is deemed to be “regularised” and exempt from a lease.

Most reliable sales agents will guide their sellers who have waterfront property through this process when securing the listing as it can take some time and it makes for a cleaner sale if this paperwork has been sorted out before the property goes on to the market.

I also recommend that sellers get a legal opinion from an attorney with experience in such matters, who can ultimately handle the application for a lease on their behalf.

This way the property can be conveyed with good title in a timely manner, when the right buyer is found.

• 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.