Who owns the land underwater? Court battle could be critical for many South Florida homeowners Tags: The questions remain: Who owns this land above and below water? And could this happen to you? For some residents along Bay Drive, their oceanfront property and their amazing views are in jeopardy. They weren’t told someone else was claiming rights to parts of their land and surrounding property until they got a letter from the Broward County property appraiser giving them a heads-up. Attorneys for those property owners are now in court, demanding that Bay Drive residents have a say. Ad “They have the right to be heard so their property is not taken without due process,” said George Lemieux, an attorney for the homeowners.