Coastal Erosion Clauses: New Contracts Sinking Property Values

Published on April 21, 2024

by Adrian Sterling

As coastlines around the world continue to face the devastating effects of coastal erosion, it is becoming increasingly common for property owners and developers to include coastal erosion clauses in new contracts. These clauses, which outline the potential risks and liabilities associated with owning or building on eroding coastal land, are meant to protect both parties involved. However, recent studies have shown that these clauses may be doing more harm than good, as they are causing property values to plummet and creating obstacles for potential buyers. In this article, we’ll take a closer look at coastal erosion clauses and how they are impacting property values in coastal regions.Coastal Erosion Clauses: New Contracts Sinking Property Values

Understanding Coastal Erosion Clauses

Coastal erosion clauses are contractual agreements that outline the risks and liabilities associated with owning or developing coastal properties that are at risk of erosion. They are typically included in property contracts and leases, and are intended to protect both the property owner and the buyer from bearing the full burden of costly repairs and damages in the event of significant erosion.

These clauses often specify the responsibilities of each party involved, such as who is responsible for monitoring erosion, when and how repairs should be made, and what actions can be taken if the property becomes uninhabitable due to erosion. While these clauses can provide some peace of mind for the property owner, they also come with serious consequences and potential pitfalls.

The Impact of Coastal Erosion Clauses on Property Values

One of the major concerns with coastal erosion clauses is their impact on property values. While these clauses are meant to provide transparency and protection, they can also deter potential buyers and significantly reduce the value of coastal properties. With the growing awareness of the risks associated with owning coastal properties, many buyers are now hesitant to purchase properties that have coastal erosion clauses in their contracts.

Furthermore, lenders and insurance companies are also becoming increasingly cautious when it comes to properties with coastal erosion clauses. They may require higher interest rates, impose stricter lending requirements, or deny coverage altogether. This can make it more difficult for both current and potential property owners to secure financing and insurance, further decreasing the overall value of the property.

Obstacles for Buyers and Developers

The inclusion of coastal erosion clauses in contracts can also pose obstacles for buyers and developers looking to invest in coastal properties. These clauses may prevent buyers from securing necessary approvals and permits from local authorities, as well as from obtaining financing or insurance. This can significantly impact the feasibility and profitability of developing these properties, leading to increased risks and reduced returns.

In addition, coastal erosion clauses can also create legal disputes between parties involved. If there is disagreement over who is responsible for erosion-related damages, it can lead to costly and time-consuming legal battles, further affecting the value and marketability of the property.

The Need for Sustainable Solutions

As sea levels continue to rise and coastal erosion becomes a greater threat, the need for sustainable solutions is more pressing than ever. Rather than relying solely on coastal erosion clauses, a more proactive approach should be taken to mitigate and adapt to the effects of erosion. This could include implementing protective measures such as beach nourishment, creating green belts and buffer zones, and developing sustainable building techniques.

Additionally, it’s crucial for buyers and developers to conduct thorough due diligence before purchasing or developing coastal properties. This includes assessing potential risks and liabilities and exploring alternative solutions to coastal erosion clauses. It may also be beneficial for local governments to implement regulations and guidelines for coastal development, ensuring that it is done in a responsible and sustainable manner.

Conclusion

Coastal erosion clauses were initially introduced as a means of protecting both property owners and buyers from the damages of coastal erosion. However, they are now creating more harm than good, leading to decreased property values and creating obstacles for buyers and developers. It’s important for all parties involved to consider alternative solutions and take a proactive approach towards mitigating the effects of erosion, in order to protect our coastlines and ensure the sustainability of coastal properties for future generations.