Public vs Private Beach [threads merged]

[jkmason]

Regarding BMB and access: I walk the beach and go up and down the beach access stairway on the the weekend. The private beach signage continues to expand and there is no reason to think that this trend will not continue until appropriate action is taken by the county.

 

[Misty]

By Dotty Nist

Dfeunaik Herald Article
Voting to hire an attorney for research on historical beach use data and other related investigations, county commissioners also took up a number of other beach-related issues at their April 12 regular meeting at the South Walton Annex.

Continues here...
Officials vote to hire attorney for research on beach use, take up other beach issues | Defuniak Herald

 

[jkmason]

Regarding quiet title lawsuits in Old Blue Mountain Beach. I have attached the source document used by homeowners to substantiate quiet title to the beach down to the MHWL. The source document is the 2 page covenants for the blue mountain beach subdivision (attached).

The covenants actually do provide for conveyance of the beach to the beach front property owners, but those same covenants also state that the beach area shown on the subdivision plat is for the use and enjoyment of all property owners in Blue Mountain Beach. It further states that any future conveyance, transfer, etc. of the beach property (i.e. Quiet Title) will not interfere with that right.

 

[BlueMtnBeachVagrant]

BLUE MOUNTAIN BEACH AND ALL 3 NEIGHBORHOOD ACCESSES ARE PUBLIC!!!......

Thank you for acknowledging the fact about the 3 accesses. But I'm still baffled regarding the silence on this thread on this topic.

Many WANT and think it's OK to simply take private property and convert it to public with little to no proof as to the customary use stringent burden of proof (as most of you should know): ancient, reasonable, without interruption and free from dispute.

Many attack the positions of private property owners in terms of their wanting to keep what's theirs....not a new idea in America (the idea of protecting what's yours, that is).

But the point here is that when the public has a full right to beach access (4 accesses in this case on Blue Mountain Road), and a certain individual falsely states in no uncertain terms that 3 of the access are privately owned, nobody says anything to correct the statements from this certain individual except me - and now you, jkmason. Thanks again.

It's as if many are afraid to correct one of "their own" because of the mixed signals that such a correction would yield (that he wants public beaches but doesn't want anyone to know about the EXISTING 3 public accesses). Honesty is one of the ways to help legitimize one's position. And honesty seems to be a lost art these days.

 

[BlueMtnBeachVagrant]

BLUE MOUNTAIN BEACH AND ALL 3 NEIGHBORHOOD ACCESSES ARE PUBLIC!!! ..........
......It's time for the County to take ownership and management of all white sand area in Old Blue Mountain beach. Control vendors and beach front homeowners that are interfering with the public's use of the beach.

Regarding quiet title lawsuits in Old Blue Mountain Beach. I have attached the source document used by homeowners to substantiate quiet title to the beach down to the MHWL. The source document is the 2 page covenants for the blue mountain beach subdivision (attached).

The covenants actually do provide for conveyance of the beach to the beach front property owners, but those same covenants also state that the beach area shown on the subdivision plat is for the use and enjoyment of all property owners in Blue Mountain Beach. It further states that any future conveyance, transfer, etc. of the beach property (i.e. Quiet Title) will not interfere with that right.

So as I mentioned earlier, all of Blue Mountain Beach to the east of the 83 access is not public. jkmason, whether you like it or not, you're building a good reputation in my book - not that you really care . Unlike some others, you at least followed up your incorrect claims with more research and then admitted fact. It's appreciated.

BTW, all of this was discussed 9 years ago regarding BMB. One Smiling Joe took the same position as you originally did. I tried to let him see the light but he was stubborn. He finally came around.

See instrument # 1011222 in the official records.

 

[jkmason]

Question for BMB vagrant.

So as I mentioned earlier, all of Blue Mountain Beach to the east of the 83 access is not public. jkmason, whether you like it or not, you're building a good reputation in my book - not that you really care . Unlike some others, you at least followed up your incorrect claims with more research and then admitted fact. It's appreciated.

BTW, all of this was discussed 9 years ago regarding BMB. One Smiling Joe took the same position as you originally did. I tried to let him see the light but he was stubborn. He finally came around.

See instrument # 1011222 in the official records.

Vagrant, you make a lot of great points and I respect your opinion. The instrument you reference (deed to lots that now include beach front) states that beach front property owners "will not interfere with the normal use and enjoyment of said beach area by any owner of property in blue mountain beach..." As an owner in BMB am I welcome to sit in my beach chair on any part of BMB or plant my fishing pole on any white sand area on BMB, including those properties marked private beach?

 

[catmoney]

What is instrument # 1011222 in the official records.

 

[jkmason]

Instrument 10111222 is a deed for a beach front lot at Blue Mountain Beach. You can look it up at the clerk's office.

Landmark Web Official Records Search

You can do an instrument number search and look up the above mentioned number.

 

[catmoney]

Ok, thanks. I looked it up. I would like to see the deed that says the dissolved corporation owned below the dune line. I realize the complaint in the quiet title action says they owned it, but where is the deed to prove it.

 

[jkmason]

There is an article in the Beach Breeze this week about Gulf Trace. Gulf front owners there are trying to keep the rest of the owners off the beach and getting sued. The same owners who have septic tanks and drain fields on the beach. Now that I think about it they are probably doing the other owners a favor by trying to keep them off the polluted beach.

Case was filed by the neighbor across the street from the defendant's property identified as Salt Cake in Gulf Trace. Plaintiff is arguing customary use doctrine. Case # 2015-CA-377. Filed in August 2015.