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James Bentwood

Beach Fanatic
Feb 24, 2005
1,283
421
Funny, I just saw our real estate agent’s name who received a commission on the sale of our condo on Facebook pushing customary use. Do you think I have a case against that agent for not revealing that the condo came with a high probability of customary use litigation even though the condo and common areas are legally deeded as private property to the MHWL at the time of purchase with no customary use burden on the title OR ANYWHERE ELSE for that matter?

Certainly if the agent believes the four cornerstones of customary, then the agent (who currently supports CU) knew full well at the time of the sale that part of my supposed conveyed full package of private property rights was lacking the right to exclude because of customary use (notorious, since time immemorial, etc.) However, the agent never revealed this. This non-disclosure, I believe, is a lot different than, say, not revealing a structural problem or faulty appliance, which they may or may not have known about.

I guess the agent could state the obvious...there wasn’t customary use at that time as the public didn’t walk hundreds of feet to use our property. But if true, there can’t be customary use today on our property for the very same reason.
The beachfront owner silliness at a new low. Thank you for the laugh! :rotfl:
 

BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,289
375
“Those homeowners who were allowed to intervene, Green said, “waived any objections they might have had to the jurisdiction of the court over them” and therefore remain parties to the lawsuit.”

Well damn. Good for the others.
 

mputnal

Beach Fanatic
Nov 10, 2009
1,889
466
The ruling by Judge Green indicates that there are issues with process not subject matter. Those two lawyers for the County probably need help as they are up against an arsenal of lawyers representing wealth and power. That said there is a way to bring all BFO's under Jurisdiction but it is now an uphill battle. Not over by a long shot but this ruling is telling the County to get it together fast. The playing field of two lawyers against dozens is not the best situation for us who believe that the beaches have been public since as long as it takes to establish use (ancient, time immemorial etc). The unfairness is just a fact but the County seems not to compensate with a larger legal team so if I were wealthy and powerful and an owner of beach front property I would use my power this way as well. In other words the process is part of the legal system of Justice and the County attorney's should know that. Okay that is the bad news.

The good news is the motion to dismiss over lack of subject matter was denied. Lack of Jurisdiction can be fixed by amendments. I suggest to the County to hire Attorney's who have been in this situation before. Out numbered, weighted down by process (that may be in favor of power) and slightly behind the 8 ball it is time to amp up your game. Their are experienced lawyers out there that have been in this situation before. It's time to lawyer up!
 

Reggie Gaskins

Beach Lover
Oct 4, 2018
153
259
58
Blue Mountain Beach
Houses of cards meet their inevitable demise when built solely on mistruths, class warfare, jealous greed, and emotional leverage. It’s inevitable.

What you are witnessing now is the echoing vacuum of content from the sources of these class warriors that have been exposed as consistently less than truthful about;
Public beach being stolen
Quiet titles having anything to do with this
Taxation of property
Affect of laws on private property
Governor Huckabee
BPO motives

Just look at the comments attached to the actual news article itself. You know, the one being promoted here and everywhere. The one IMHO is a direct falsehood, and proven to be so by any quick fact check.

As we witness this CU land grab die and fade away, we can get back to what makes this place great...
Our 30A Legacy
 
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