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rxnut

Beach Comber
Jul 2, 2010
6
0
We recently bought a cottage in Magnolia Cottages by the Sea. Can anyone tell me about the "private beach" sign that is posted at the end of the boardwalk? It is in front of the Andante condos. Does the condo have legal boundaries all the way down to the waterfront?
 

tsutcli

Beach Fanatic
Jan 14, 2008
921
109
Seacrest
I was commenting on Andante when I posted a reply under "Beach Chairs 4U All The Way To The Water." They have "Private Beach" signs all over the place and they keep adding more put directly in the dry sand. I walk a few times a week and walk directly past that building so I know for sure. When we lived on the beach our deed read that our property continued all the way to the Gulf. Made no mention of the high water mark only that our property continued to the water. I understand this can be challenged and Andante must furnish a certain document to enforce the "private beach" issue. That document was named on a thread a while back but I cannot remember exactly where it can be found.
 

Em

Beach Fanatic
Sep 18, 2005
1,506
884
Walton Co.
This is the legal description, according to OR 2630 / 3721, which does indicate the property going to the Gulf of Mexico:

EXHIBIT "A'
Commencing at the intersection of the West line of Government Lot 1, Section 28,
Township 3 South, Range 18 West, Walton County, Florida with South right-of-way of
State Road No. S-30A, 100 foot right-of-way, proceed 112 degrees 55'35" AZ (NAD 27
grid azimuth measured clockwise from North equals zero) 150 feet to Point of Beginning,
thence 181 degrees 55'01" AZ 460.00 feet to a point marking the Gulf of Mexico, thence
meander
112 degrees 55'35" AZ 238.79 feet, thence 2 degrees 01'01" AZ 459.69 feet to
highway, thence 292 degrees 55'35" AZ 239.65 feet to Point of Be ginning.
 
I understand this can be challenged and Andante must furnish a certain document to enforce the "private beach" issue. That document was named on a thread a while back but I cannot remember exactly where it can be found.

I believe that document is known as the "Necronomicon" and is also useful for summoning Dagon to help clean up the beach after a rough tourist weekend. ;)
 
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Minnie

Beach Fanatic
Dec 30, 2006
4,344
829
Memphis
We have stayed at Magnolia many times in the last 4 years and honestly I have never seen anyone even coming and going from Andante. Probably some marketing thing they have come up with to try and sell the units. These signs must be recent, as we were there in March and no signs.
 

bitty

Beach Crab
Jul 6, 2011
1
0
We are a Gulf front owner in the Andante/Magnolia location. We have owned our property for many, many years...we watched in agony the construction of too many houses being built across 30-A...i,e, Magnolia. Our deed reads that we own to the mean high tide (wet sand). We have every right to our area in front of our house...as Andante owners do their 280 feet. Those across the street need to understand what gulf front owners are legally entitled to. AND until Walton County comes up with a solution to this...there will continue to be the issue. When you buy property across 30-A you need to understand that you DO NOT have a private beach that goes with the property....Gulf Front owners DO.
 

Em

Beach Fanatic
Sep 18, 2005
1,506
884
Walton Co.
bitty, Mean High Tide does not = wet sand. Mean High Water Mark (MHWM) = a daily changing boundary which is averaged over a 13 year period of high tides.

You may want to speak with less of a dagger when you talk so bluntly about your property rights. The deed is one thing, and rights are another. For example, there may be prescriptive easements on your property giving other people some use of the property, such is said to be the case with the beaches along our coast. If you think you have full and exclusive rights to the beach because you hold the deed, try to build a storage shed on it and see what the gov't says about that.
 

Kurt

Admin
Staff member
Oct 15, 2004
2,233
4,925
SoWal
mooncreek.com
And since this was your first post, I'll be gentle....Would you be kind enough to provide me your precise location so I can park my Hog arse in the sand in front of your "Beach" and see what the local law enforcement says... YOUR opinion of YOUR private beach doesn't hold salt water bitty....

go bitty. Unless you survey the mean high water mark daily by a professionally licensed surveyor it means squat and every judge will throw it out.give me your address and i'll bring 50 redneck friends with me and we;ll sit on your "private beach"

Personal attacks are not allowed on SoWal.com. Please be kind and respectful or you will be banned. Attack issues, not people. We want to hear all stories and opinions, even when they are counter to yours.
 
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