Led away in Handcuffs

[scooterbug44]

- Does ownership of a beachfront consist of that lot owners rights to the beach or the subdivision to which the lot belongs? I wonder if the people at the back of the Retreat have similar rights to the beach as the beachfront lot owners. And if they do, do they not consist of the public?

You don't have rights to access the beach just because you bought in a neighborhood that includes beachfront lots UNLESS the subdivision or development has covenants stating that you do. The deed/covenants will specifically say who does and does not have access, typically by referring to the owners of lot number "x".

 

[yippie]

I too was a little curious how the Retreat was set up. The answer is the gulf front property owners own to the water line. However there exists a "common recreational use easement" more or less on the sandy part of the beach for the rest of the Retreat.

And this makes sense? So, tell me, how do the property owners know if the person camped out in "their back yard" are staying at the Retreat or not?

What if the sheriff is called on someone, they could just say they were staying at the Retreat and the deputy would leave them alone?

So, now you are suggesting that the Bubba's in Blue need to know the rules for each "beach" they are called to?

 

[scooterbug44]

So, tell me, how do the property owners know if the person camped out in "their back yard" are staying at the Retreat or not?

What if the sheriff is called on someone, they could just say they were staying at the Retreat and the deputy would leave them alone?

Very good question! I certainly don't carry ID or a room key at the beach. Would the deputy just ask them to prove they were staying there?

It's almost like them trying to enforce this has opened up a can of worms......

 

[Miss Kitty]

Very good question! I certainly don't carry ID or a room key at the beach. Would the deputy just ask them to prove they were staying there?

It's almost like them trying to enforce this has opened up a can of worms......

....but, how do you get back in? Oh, maybe you do not lock your doors.

 

[BlueMtnBeachVagrant]

Your question is very reasonable and sounds like a conundrum to me. Short of receiving a permit to build a fence, and posting signs, hiring a security guard sounds like the only way to defend it, but according to the Court, in another post which I quoted, the property owner should not interfear with the public's use. Therefore, I don't think they are in a situation where they "can" defend "their" property.

You stated that the property owner should not interfere with the public's use.

Once more, for clarity, here's your quote...
"If the r e c r e a t i o n a l use of the sandy area adjacent to mean
high tide has been ancient, reasonable, without i n t e r r u p t i o n
and free from dispute, such use, as a matter of custom, should
not be i n t e r f e r e d with by the owner."

You apparently have determined on your own that the "IF" applies to every private gulf front property in Walton County without concrete evidence and without any real and meaningful interpretation to my post #122 as to what defines public use of the beach. I'm not criticizing that you don't have all the answers, but it appears to me that on the same hand you can not simply say the "IF" part has been fulfilled and therefore the private owner should not interfere.

If this were the case, we would be discussing something else right now.

One of the "IF" conditions in your quote above states that the use be "free from dispute". What is the definition of "dispute" as used here? That idea is certainly not the case today.

 

[yippie]

....but, how do you get back in? Oh, maybe you do not lock your doors.

Several rental houses have lock boxes on their porch or another undisclosed place in case the guest gets locked out.

Also, you can always hide a key somewhere so you don't have to risk loosing them.

 

[BlueMtnBeachVagrant]

And this makes sense? So, tell me, how do the property owners know if the person camped out in "their back yard" are staying at the Retreat or not?

What if the sheriff is called on someone, they could just say they were staying at the Retreat and the deputy would leave them alone?

So, now you are suggesting that the Bubba's in Blue need to know the rules for each "beach" they are called to?

I'm just stating fact. Let's keep this on the up and up.

 

[scooterbug44]

....but, how do you get back in? Oh, maybe you do not lock your doors.

I err on the side of not losing my keys in the sand versus being robbed during that random & short window of time that my house is unlocked.

.....and the scooterbug lifestyle doesn't really include any easily stolen/transported items. My 'stereo' cost less than $100 more than 10 years ago, no diamonds, etc.

 

[Miss Kitty]

I err on the side of not losing my keys in the sand versus being robbed during that random & short window of time that my house is unlocked.

I am such a big city girl.

 

[BeachSiO2]

Does the Retreat allow rentals? I am not positive but I think it is like Draper Lake and does not so the Retreat Security Guard would probably know who was "supposed" to be there, especially since it is not built out too much. The other dead give away is that the access to the beach from the Retreat is not at the border it is closer to the middle so it is less likeley someone from the retreat would be on the eastern border. Plus, this way you could see them coming from their boardwalk. This leads to the Inn at Blue Mountain. Once again the Inn's boardwalk is not on the border so you would see them coming. If you enter from the third access between the two which starts back at the parking lot, it's a dead giveaway.

As for the cops, all they would have to do is ask you where you are staying? Then if it got ugly, ask you to show them. If that didn't work, they would show you where you were staying for a little while...