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 Virginia, the public trust doctrine applies to beaches, meaning that certain natural resources, including beaches, are held in trust by the state for public use and enjoyment. The Commonwealth ensures that the public has lateral beach access, which is the right to walk along the beach. However, vertical beach access, which is the ability to reach the beach from upland areas, can be complicated when the land between public access points and the shoreline is privately owned. Virginia law generally allows the public to use the area below the mean high water mark, as this is considered state-owned submerged land. Above this line, the beach may be privately owned, and access can be restricted by the property owner. Local ordinances and state regulations can affect access to specific beaches, and in some cases, easements or agreements are in place to allow for vertical access across private property. It is important for individuals to be aware of and respect private property rights while enjoying Virginia's beaches, and to check local regulations for specific access rights and restrictions.