Public vs Private Beach

[Andy A]

BMBV, why would there need to be an "easement" when we have already made it clear the beach is usable by ALL provided they use it respectively. And please stop trying to turn the beach access question into use of the beach. There are several reasons why our access is private not the least of which is the liability factor. Come on, your smarter than that and the two questions are not compatible.

 

[BlueMtnBeachVagrant]

BMBV, why would there need to be an "easement" when we have already made it clear the beach is usable by ALL provided they use it respectively. And please stop trying to turn the beach access question into use of the beach. There are several reasons why our access is private not the least of which is the liability factor. Come on, your smarter than that and the two questions are not compatible.

I strongly disagree with you that the questions are not compatible. One of Surfrider's primary goals is beach access.

If the distance I mention between the 83 access and the other access was 2 miles, do the questions remain unrelated regarding your stretch of the beach?

You said, "There are several reasons why our access is private not the least of which is the liability factor" but you don't share any of the reasons. What could they possibly be?...
1. Parking?
2. Noise?
3. Safety?
4. Trash?

Public beach means nothing without access. This is clearly documented on Surfrider's website and actually just plain common sense. It's nice to be generous when it doesn't cost one hardly anything.

You said that your board has stated many times in the past that your beach is useable by all. What about my previous questions, "And if the board did, shouldn't that be recorded in the by-laws as well as recorded easement? Or is it?"

Without it being legally recorded, those actions mean nothing if just one owner in your association were to enforce their private property rights. In fact, if the board stepped in the way, I would guess they could be sued all over the place by that one association member.

Andy, I believe you're a stand-up guy. But I also believe you take the legalities of private property too lightly, especially considering you ask us to believe that you're speaking for the ENTIRE association.

In my experience, on devisive issues such as this, you'll never get 100% agreement from all the association members. And that is what I believe it would take to make the change you're asking us to believe.

Regarding your board, I'm guessing it consists of 3 members. You state your wife is on the board. It takes only 2 votes for a board motion to pass. I assume your wife feels the same as you. You then already have 50% of the vote needed to support your statement...hardly a consensus of your association.

First you say I'm narrow minded, then you say I'm smarter than that. Oh well, I guess you're even.

 

[Miss Kitty]

BMBV...could you ask your neighbors down there to cover up those ugly seawalls with some sand? Check out Kurt's latest pics for the offensive evidence.

 

[BlueMtnBeachVagrant]

I don't have a problem w/ private accesses, especially when the people who own and maintain the accesses are good neighbors and happy to share the sand with others. Making them all public just opens a can of liability and parking worms.

IMO people having to walk a little further to get to the beach just means they'll look better in their swimsuits when they get there :rofl:.

Why in the hell didn't I think of that?????


Andy, forgive me. I have a great pair of binoculars we can share.

 

[BlueMtnBeachVagrant]

BMBV...could you ask your neighbors down there to cover up those ugly seawalls with some sand? Check out Kurt's latest pics for the offensive evidence.

Oh Miss Kitty....don't you know the private / public beach debate would still be here even if the walls were covered? And I'm flattered if you think I have that much influence on my neighbors. Better to ask people like Ecopal regarding those walls. (more SoWal etiquette). Besides, "ugly" is in the eye of the beholder.;-)
One more thing, those walls probably won't be here anyway after another decent hurricane hits. But that's all another topic as well as your post above.

 

[Miss Kitty]

Oh Miss Kitty....don't you know the private / public beach debate would still be here even if the walls were covered? And I'm flattered if you think I have that much influence on my neighbors. Better to ask people like Ecopal regarding those walls. (more SoWal etiquette). Besides, "ugly" is in the eye of the beholder.;-)
One more thing, those walls probably won't be here anyway after another decent hurricane hits. But that's all another topic as well as your post above.

...just thought I'd ask. At least when those things are covered by sand, we can pretend they are not there.

 

[BlueMtnBeachVagrant]

...just thought I'd ask. At least when those things are covered by sand, we can pretend they are not there.

Would you ever come to BMB to see those walls since you're in Watercolor? Aren't we low rent compared to you guys?;-) We do share one thing however...we're both private beaches. Maybe you can carry Andy's torch in your neck of the woods.
back atya (even more SoWal etiquette).

 

[Bobby J]

Would you ever come to BMB to see those walls since you're in Watercolor? Aren't we low rent compared to you guys?;-) We do share one thing however...we're both private beaches. Maybe you can carry Andy's torch in your neck of the woods.
back atya (even more SoWal etiquette).

"Private beaches" that I personally haved surfed on and at for about 30 years. I am amazed at how this has become an issue over the past few years. I wish someone would answer my earlier questions regarding buying property that has folks playing out back and then complaining about them being there once they purchase. I guess the supposed "private" declaration overrides common sense? Help me understand.

 

[BlueMtnBeachVagrant]

"Private beaches" that I personally haved surfed on and at for about 30 years. I am amazed at how this has become an issue over the past few years. I wish someone would answer my earlier questions regarding buying property that has folks playing out back and then complaining about them being there once they purchase. I guess the supposed "private" declaration overrides common sense? Help me understand.

I thought you surfed in the water, not on the sand.

Does that help?

- the tradition of SoWal etiquette continued.

 

[Bobby J]

I thought you surfed in the water, not on the sand.

Does that help?

- the tradition of SoWal etiquette continued.

My post says on and at the beach. In order to get into the surf one must walk on the sand. This is another "common sense" thing that seems to be overlooked like my earlier question.