New Florida Ruling Reshapes Dock Disputes Between Waterfront Neighbors
By: Scott Beatty, Esq.
A recent Florida appellate decision from the 6th DCA, Geise v. Fleck (Apr. 2, 2026), significantly affects disputes between neighboring waterfront owners over docks and lake access.
The court confirmed that most dock disputes are governed by a “reasonable use” standard, not by imaginary boundary lines drawn over the water. Courts will no longer divide lakes or waterways into geometric “riparian zones” unless a specific statute applies (such as dredge‑and‑fill cases).
In practical terms:
- A dock is permitted so long as it does not substantially and materially interfere with a neighbor’s reasonable access, navigation, or view.
- Partial view obstruction or inconvenience alone is not enough to force dock removal.
- Mandatory injunctions ordering dock removal or modification are now much harder to obtain.
This decision strengthens long‑standing and properly permitted docks and limits litigation based on technical boundary theories rather than real‑world impacts. While a conflict with another appellate court may prompt Florida Supreme Court review, this ruling is already guiding trial courts.
If you own, plan to build, or are challenging a dock, this decision meaningfully changes the legal landscape.
Please contact us at info@henlaw.com if you would like to discuss how this applies to your property or any ongoing disputes.
