In most states some portion of beaches are public land and all members of the public have a right to use that portion of the beach. The ability to walk along the beach is known as lateral beach access.

But the land between where people can park or walk to the beach and where they can enjoy the beach is often private property, making it difficult to provide access to the public while protecting personal property rights. The ability to reach the beach is known as vertical beach access.

Laws regarding public access to beaches vary from state to state but many states recognize the public trust doctrine, a legal doctrine that certain natural resources such as beaches are owned or held by the government in trust for the public’s use and enjoyment and that the government has an obligation to protect and maintain these resources for the public.

In Florida, the public has the right to access beaches under the public trust doctrine, which holds that certain natural resources, including beaches, are preserved for public use and enjoyment. The state recognizes the concept of 'customary use,' allowing the public to have access to certain privately-owned beachfronts based on historical use. However, a law passed in 2018 (House Bill 631) complicated this issue by allowing beachfront property owners to restrict access to the sandy areas adjacent to their properties unless a local government passes an ordinance affirming the public's customary use of the beach. This has led to disputes and legal challenges over vertical beach access, which is the ability to reach the beach from public roadways or paths. Lateral beach access, the right to walk along the shore, is generally allowed as long as it is seaward of the mean high-water line, which is considered state property and open to the public. The balance between public beach access and private property rights continues to be a contentious issue in Florida, with ongoing debates and potential changes to the law.