Buyers Of Hawaii Oceanfront Properties Beware!

If you are thinking about buying an oceanfront home or parcel be sure to do your homework.  There has always been a large set back from the waterfront property line and determining the location of this mark has required a Special Management Area (SMA) survey.  The Honolulu StarAdvertiser is reporting a clarification and change in the SMA Rules.

“The proposed change would establish the setback line about 40 feet from the certified shoreline, plus 70 times the average annual coastal erosion rate. The city and University of Hawaii is working on establishing that rate, said Samuel Lemmo, administrator for the state Office of Conservation and Coastal Lands, which oversees about 2 million acres of private and public lands in the state Land Use Conservation District.” CLICK HERE TO READ THE ENTIRE ARTICLE

Given the importance of determining the certified shoreline, BEFORE CLOSING AN OCEANFRONT SALE, a buyer should get a valid and approved SMA survey on any ocean front property.  If you don’t get it or decide to make improvements on your lot, you may are exposing yourself to serious penalties and problems.  Ironically, a few days after the article above was posted, The Maui News posted an article about the largest fine ever paid for violating SMA rules.

“The largest fine for shoreline setback encroachments ever imposed by Maui County was approved as part of a settlement agreement by the Maui Planning Commission on Tuesday.  Larry and Sara Dodge, of Rancho Santa Fe, Calif., and Makena, will pay $65,000 to settle four county violations, remove a wall and seek after-the-fact permits for repairs done to their deck.” CLICK HERE TO READ THE ENTIRE ARTICLE

If you are a seller of an oceanfront property, it is a good idea to get your SMA survey in advance. This way you can show the buyer exactly where the line is and where they can place the home they want to build.  Furthermore, because getting the survey can take a few years, getting it up front will save time and head ache.

SEARCH FOR YOUR HONOLULU HOME

If you would like to discuss your real estate needs, feel free to call me at 808-737-2093 or toll free at 877-737-2093.  You can email me at keahi@lava.net.

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Beach Front Property? Be Aware!

If you own or are thinking of owning beach front property in Hawaii, you will want to pay special attention to a recent Hawaii Supreme Court ruling.   The StarAdvertiser wrote the following.

“The public owns lands formed along the Hawaii’s shoreline decades ago that are now above the beaches, according to a Hawaii Supreme Court ruling this week that left intact a lower court’s decision.  But because those lands were once considered private property, the state must pay the owners what could be amounts ranging in the tens of millions of dollars, said their lawyer, Paul Alston.”

CLICK HERE TO READ THE ENTIRE ARTICLE

To protect yourself be sure to get a Shoreline Management Area (SMA) Survey.  This will let you know where your property ends and public property begins.  Ocean front lots can be deceiving as they may be bigger or smaller than the size shown in the tmk map. If you are planning on selling a coastal property, then it is a good idea to get the SMA Survey in advance, this way you will know what potential issues may be affecting the property line fronting on the ocean.

SEARCH FOR YOUR HONOLULU HOME

If you would like to discuss your real estate needs, feel free to call me at 808-737-2093 or toll free at 877-737-2093.  You can email me at keahi@lava.net.

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