BrianneBeach Comber
2,793 views
Is there a lawyer or a state official out there anywhere who can provide a simple, clear-cut legal ruling on which part of the glorious beaches of South Walton belong to gulf front owners so that the rest of us know where we can sit, play and enjoy this gift of nature that was everyone's to enjoy?

Replies

15
Gidget avatar
GidgetBeach Fanatic
#2
I hope you didn't have a confrontation. My dh and I were at BMB one day and this couple came and sat AT WATER'S EDGE - water seriously lapping at their feet and they were just relaxing and enjoying a day. When down rushed this "mad" woman screaming they they were on "her private beach". Then her husband came down and they were nuts - screaming and carrying on. So the couple moved over like 1 foot to the east and then the house owners were satisfied. BUT they put up a chair to mark the line that couldn't be crossed.

It really bothered me to see such a production over people just sitting on the beach enjoying a beautiful day.

I'll be curious to hear more about what happened with you.

Gidget
BeachSiO2 avatar
BeachSiO2Beach Fanatic
#3
Please know that if you get a simple, clear cut answer to your question, it is likely incomplete as there is no simple, clear cut answer to this question. If you want to see how this questions has been hashed out on Sowal over the years, I would recommend searching the old threads. Those of us who "discussed" this issue back then are likely not interested in doing it again. Here is the Sowal link to public beach accesses.

SoWal Beach & Bay Accesses | SoWal.com - Guide For The Beaches Of South Walton & Scenic 30A
Kurt avatar
KurtAdmin
#4
Please know that if you get a simple, clear cut answer to your question, it is likely incomplete as there is no simple, clear cut answer to this question. If you want to see how this questions has been hashed out on Sowal over the years, I would recommend searching the old threads. Those of us who "discussed" this issue back then are likely not interested in doing it again. Here is the Sowal link to public beach accesses.

SoWal Beach & Bay Accesses | SoWal.com - Guide For The Beaches Of South Walton & Scenic 30A

I appreciate your comment but this is an ongoing issue and a concern for many and will continue to be debated. Maybe it would help if we put together some concise statements and basic facts we can refer to for people who are new to the issue, then go from there. I would be happy to make a sticky and add a page to the site - maybe a "faq" format would be best.

And/or we can add to the existing faq:
Beaches Of South Walton Frequently Asked Questions (FAQ) | SoWal.com - Guide For The Beaches Of South Walton & Scenic 30A
BeachSiO2 avatar
BeachSiO2Beach Fanatic
#5
I appreciate your comment but this is an ongoing issue and a concern for many and will continue to be debated. Maybe it would help if we put together some concise statements and basic facts we can refer to for people who are new to the issue, then go from there. I would be happy to make a sticky and add a page to the site - maybe a "faq" format would be best.

And/or we can add to the existing faq:
Beaches Of South Walton Frequently Asked Questions (FAQ) | SoWal.com - Guide For The Beaches Of South Walton & Scenic 30A

I agree it is an ongoing issue and very important. Maybe you should start the basic fact sheet and see how far we can get. This may even get BMBV back out as I haven't seen a post in a while and we had a lively thread back in 2008.

http://www.sowal.com/bb/local-government/20589-public-vs-private-beach.html

Edited

Smiling JOe avatar
Smiling JOeSoWal Expert
#7
hmmm? facts??? that's a good one! The fact is, it depends on who you talk to as to what they think your, or their own, rights are.
Kurt avatar
KurtAdmin
#8
hmmm? facts??? that's a good one! The fact is, it depends on who you talk to as to what they think your, or their own, rights are.

Well then SJ - maybe we should start by stating their is confusion and dissension, and downright outrage on the part of many.

1. There are different points of view on the matter so we'll attempt to clear up some confusion by stating what we know and what we don't know.
Landlocked avatar
LandlockedBeach Fanatic
#9
hmmm? facts??? that's a good one! The fact is, it depends on who you talk to as to what they think your, or their own, rights are.

Imagine someone telling Burger King Woman to move her chair off their private beach. :shock:
Gidget avatar
GidgetBeach Fanatic
#10
Well then SJ - maybe we should start by stating their is confusion and dissension, and downright outrage on the part of many.

1. There are different points of view on the matter so we'll attempt to clear up some confusion by stating what we know and what we don't know.

I think that would be wonderful because I have read a lot of different "facts" and it is most confusing - for the person enjoying the beach and the home owner. In the particular incident I witnessed it was the outrage that got to me more than the 'request' to move to a different spot. The people enjoying the beach were totally unaware.

Thanks for the current FAQ list btw, it is such a terrific resource for visitors and for locals!! :clap:

Gidget
Kurt avatar
KurtAdmin
#11
I think that would be wonderful because I have read a lot of different "facts" and it is most confusing - for the person enjoying the beach and the home owner. In the particular incident I witnessed it was the outrage that got to me more than the 'request' to move to a different spot. The people enjoying the beach were totally unaware.

Thanks for the current FAQ list btw, it is such a terrific resource for visitors and for locals!! :clap:

Gidget

Thanks - please feel free to fact check it or make suggestions or additions.
BeachSiO2 avatar
BeachSiO2Beach Fanatic
#12
One question, how do you determine if someone is correct? If you are going with silence is agreement, than this idea may cause more harm than good.
Kurt avatar
KurtAdmin
#13
One question, how do you determine if someone is correct? If you are going with silence is agreement, than this idea may cause more harm than good.

Just whose side are you on? :lol:
BeachSiO2 avatar
BeachSiO2Beach Fanatic
#14
You KNOW who's side I'm on...

I will offer that all properties owned by federal, state and local governments or under lease by the local government from a federal agency is open to the public for access. Many of those locations can be found on sowal.com including the page I earlier referenced.

Edited

Smiling JOe avatar
Smiling JOeSoWal Expert
#15
fact: it us possible to own property, yet have limitations, not full rights. In some cases, there may be easements based on continued use from others, without objection from the legal owner.

In Walton County, FL, there are plenty of examples of property owners having a deed for the property extending all the way to the mean high water mark (avg mark taken over many years), which some people think means water's edge. There are plenty of other parcels where the ownership of the lower elevation of the beach is noted as "dedicated to the public" on the plat, or maybe stated as being owned by a home owners association. Then there are places where there is no mention of who owns the beach, on the plats.
happy2BmeBeach Fanatic
#16
fact: it us possible to own property, yet have limitations, not full rights. In some cases, there may be easements based on continued use from others, without objection from the legal owner.

In Walton County, FL, there are plenty of examples of property owners having a deed for the property extending all the way to the mean high water mark (avg mark taken over many years), which some people think means water's edge. There are plenty of other parcels where the ownership of the lower elevation of the beach is noted as "dedicated to the public" on the plat, or maybe stated as being owned by a home owners association. Then there are places where there is no mention of who owns the beach, on the plats.

Nothing like inconsistency in bureaucracy to make complicated a relatively easy-to-define "line in the sand" to which owners could own, but over which they could offer "the public" a perpetual easement.....

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