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 Delaware, the public trust doctrine applies, ensuring that certain natural resources, including beaches, are held in trust by the state for public use and enjoyment. This means that the state has an obligation to protect and maintain these resources for the public. Delaware provides both lateral and vertical beach access to the public. Lateral beach access refers to the right of the public to walk along the shore, while vertical access pertains to the ability of the public to reach the beach from upland areas. While the state ensures public access to its beaches, the specifics of access points and the extent of private property rights along the beachfront can vary. Delaware has made efforts to balance the rights of private property owners with the public's right to access the beach, which may include establishing public access points and pathways that lead to the beach. However, conflicts can still arise when private property extends to areas traditionally used for public access. In such cases, the state may need to negotiate or intervene to maintain public access while respecting private property rights.