Sanctuary by the sea trying to stake out a "private beach"

[Jdarg]

I have been walking different stretches of beaches lately to have a little variety...and these private beach signs are literally littering the beach. I am not used to seeing them on my regular beaten paths, so they really jumped out at me. The stretch between Gulfview Heights and Blue Mt. access is so beautiful- except for all the ugly private beach signs junking up the view. The Sanctuary ones just look silly- the beach is huge there- is it really necessary to use these signs? Is that part of the beach so swamped with people that the sign are needed?

There is a condo in Blue Mountain (Lupine something), and the beach is "fenced" with these signs. Two women had their chairs set up inside the "private area", and they looked a little silly.

 

[30ashopper]

Well, that is not where people are setting up. They are far up the beach. I hear your class warfare comment about "heavily depreciated condos" and I get your envy . . . but the point is??????

If you are not in favor of private property, perhaps Venezuela or Cuba would be a nice fit for you.

:funn:You really need to hang out on SoWal more before making statements like that.

 

[jodiFL]

a just to remind folks about how they determine where the MHTL is.... a CURRENT (usually good for a year or two) topographical survey done by a registered, licensed Florida surveyor. These surveys are not the common ones done when you buy a piece of property (commonly called a boundary survey), they are alot more detailed and alot more expensive. And according to state statutes, the only thing valid in determining where that line is. So unless you have one of those in hand, you shouldnt be bothering anyone on the beach in front of your condo.

 

[Arkiehawg]

Well, that is not where people are setting up. They are far up the beach. I hear your class warfare comment about "heavily depreciated condos" and I get your envy . . . but the point is??????

If you are not in favor of private property, perhaps Venezuela or Cuba would be a nice fit for you.

WAAAAAAA.......

Would you like to have some Cheese with that whine....


Hey Lucky.....why don't you join us peasants on the shore line to help prevent the oil damage next week.

Or would it damage your nails...

 

[Ari Silverstein]

I have been walking different stretches of beaches lately to have a little variety...and these private beach signs are literally littering the beach. I am not used to seeing them on my regular beaten paths, so they really jumped out at me. The stretch between Gulfview Heights and Blue Mt. access is so beautiful- except for all the ugly private beach signs junking up the view. The Sanctuary ones just look silly- the beach is huge there- is it really necessary to use these signs? Is that part of the beach so swamped with people that the sign are needed?

My bet is that the owners are attempting to set in motion a public denial of access. If that is accomplished, a legal argument exists that the public has not had continued access so no easement has been grandfathered.

 

[Ari Silverstein]

yes its fine if the greedy people of sanctuary want a private beach. BUT I SURE AS HELL WILL SET UP THE BIGGEST TENT IN THE WORLD BELOW THE MEAN HIGH TIDE LINE. FROM WHAT I COULD SEE TONIGHT THAT WAS A NICE 5-10 YARDS FROM THE WATER. LETS SEE HOW THE PEOPLE IN THE CHAIRS FEEL WHEN THERE VIEW IS LEGALLY OBSTRUCTED. the legal deed from people who live in the preserve and sanctuary at redfish give them unimpeded legal right of way to walk to the mean high tide line. I SPIT ON POLITICIANS WHO EVER ALLOWED PRIVATE PEOPLE TO OWN ANY PART OF A BEACH.

I would suggest that you are going to find yourself in quite a legal quandary if you deny the right of access to the water which is granted by statute (littoral rights). I would also suggest that you be certain you are truly seaward of the MHWL by the most recent coastline survey.

Lastly, since you cannot leave anything anchored over night on the beach, it will eventually be a futile effort you have proposed unless you intend to make a career of being an assclown.

A much better effect might be had soliciting your Florida state representative to contact the Florida State Supreme Court when, imo, the US Supreme Court kicks this issue back to Florida SC for resolution on this matter of the taking of private property.

 

[gmarc]

mr silverstein looks like another poster who just joined sowal. are you associated with sanctuary?#1 its the job of those who are trying to enforce private property rights that THEY HAVE THE UP TO DATE MHWL SURVEY. second the easement is in sanctuarys official documents and the documents of all homeowners from the preserve to the sanctuary redfish.its a perpetual lifetime easement and i assure you its not going anywere.the sanctuarys documents have the right away to beach in there. and i won't block passage to the beach with my 50 tents. I'LL BE SURE A TO LEAVE A FEW FEET IN BETWEEN SO THE RICH FOLKS CAN GET BY

 

[Ari Silverstein]

mr silverstein looks like another poster who just joined sowal. are you associated with sanctuary?[/quote]

No. Are you?

[quote]#1 its the job of those who are trying to enforce private property rights that THEY HAVE THE UP TO DATE MHWL SURVEY.

When FDEP State Lands/Survey and Mapping doesn't? And if they did, unless it agrees with the Sovereign maps, it's simply an opinion of the MHWL

second ...i won't block passage to the beach with my 50 tents. I'LL BE SURE A TO LEAVE A FEW FEET IN BETWEEN SO THE RICH FOLKS CAN GET BY

And I repeat, if you want to waste your time, break the law, and be an assclown, then go right ahead. Nothing will change and nothing will remove the fact, even your squatter's routine or your jumping up and down like on a pogo stick on this forum, that littoral rights exist, you will be encroaching on them and in the end all, it won't matter a hill of beans what you do.

 

[scooterbug44]

The burden for proving the MHWL falls on the property owner and must be a current and specific survey.

Frankly, I think any beach that gets protected from oil and/or cleaned becomes public and solves this infantile argument once and for all.

 

[Ari Silverstein]

The burden for proving the MHWL falls on the property owner and must be a current and specific survey.

Private surveys will have to coincide with FDEP surveys otherwise you have an argument as to metes and bounds and who owns what (clouded or uninsurable title = no debt financing)).

Frankly, I think any beach that gets protected from oil and/or cleaned becomes public and solves this infantile argument once and for all.

The Florida State Supreme Court agrees with you.