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Bobby J

Beach Fanatic
Apr 18, 2005
4,041
601
Blue Mountain beach
www.lifeonshore.com
Being adamant about customary use is what helps keep it customary. Have you all seen the beach mess in Destin, California, etc. If we don't keep watching over these so called "private" beach issues we will not even have the county walkovers to go to. History has proven that the county will not always protect our rights when it comes to access. I don't have many issues in my life right now but this one gets my goat and I do look at it as a reason to fight.

I agree with you about letting the issue get settled and have chosen that path. We work behind the scenes to make a difference and one day hope that this issue will be put to rest. Like Dave R says, "Owning the beach is like trying to own the sky".
 

avalon

Beach Fanatic
Apr 21, 2008
451
122
Seagrove
Fight in the political sense

I just mean to say that heading to the beach with a towel and a weapon is not the answer. By all means, make your opinion known to the "powers that be". I think a little understanding and courtesy goes a long way. I agree that people should be allowed to use the beach, but in a way that is respectful to the people who paid a high price (and high taxes) for what many believed to be an exclusive right to their "yard". In the good ole days people just did not mind sharing- now they do. I don't really understand what changed the climate so dramatically. Some combination of density and land value and lack of civility, I suppose. Question- Why isn't the customary use of the beach stated anywhere on the deed? That would seem only fair!
 

scooterbug44

SoWal Expert
May 8, 2007
16,706
3,339
Sowal
It isn't stated on the deed because it is only in the last few years that it became an issue.

Don't know if this is due to a demographic shift, a change in attitudes, or just more density, but the "ME, ME, ME and screw everyone else" attitude needs to go buh-bye!
 

avalon

Beach Fanatic
Apr 21, 2008
451
122
Seagrove
It isn't stated on the deed because it is only in the last few years that it became an issue.

Don't know if this is due to a demographic shift, a change in attitudes, or just more density, but the "ME, ME, ME and screw everyone else" attitude needs to go buh-bye!
My deed has all sorts of restrictions and a clause about who can access, sidewalks, etc. I just wonder why nobody bothered to point out the publics' right to customary use. Surely it is not a stretch to inform a landbuyer about the parameters of ownership. How many real estate sales people would even mention such a thing? I just feel like people were misled, intentionally or not. I personally think that the land south of the vegetation line was not anyones to sell in the first place. Why in the world were plats drawn in this way? I agree that you can not own the sky- but if the government allowed somebody to make money selling it, something stinks. Now that I think about it- all the buildings south of 30-A that block the view are actually "taking" something that should belong to the public. Hindsight is a wonderful thing. That and 5.00 will get you a cup of coffee.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
Question- Why isn't the customary use of the beach stated anywhere on the deed?

First, I have not heard anyone even tease with the idea of bringing a weapon to the beach regarding public usage. No one. If you don't care about your rights, move on. As Herman Caine's grand father used to say, "them that's going to town, get on the wagon. Them that ain't, get the hell out of the way."

The reason you won't see customary use on a deed is because it something that is readily observable with his or her own eyes. I believe customary use comes from common law, something which this Country's laws were founded.
 

avalon

Beach Fanatic
Apr 21, 2008
451
122
Seagrove
The weapon I was refering to was the comment about taking golf clubs to the beach. I was being sarcastic, as was the poster of the comment ( I assume). You mistake my position as being against customary use. That is not the case. I am just saying that being all p.o.ed at the homeowner who thought that the plat of their property meant something more (or different) from what they assumed, is sort of shortsighted. Why not question why some plats were drawn to the high water line? That does not make sense to me from the get- go. I really wish the entire beach had been left undeveloped south of whatever the beach road happens to be, 30-a, Beach 98 whatever. But the money in beach developement was just to tempting and now the deal is done. If I happened to be a beach property owner, I would not mind folks using my yard as long as they were respectful and cleaned up after themselves. I just hate to see people so angry at the homeowners that really do feel that they were duped somehow. We all have to live together. Try to have a little understanding for those who differ from your view and mine. I don't think you need to be ugly to anyone, myself included.
 
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Bobby J

Beach Fanatic
Apr 18, 2005
4,041
601
Blue Mountain beach
www.lifeonshore.com
I guess what really throws me is how someone could purchase something and see people out back and then begin to complain about the people out back.

I really wish someone could explain it to me to help me see the other side of this debate. I would or will try to be very objective but for 2 years have not heard one argument that made sense to me.

The best argument I have heard has been about the density switch north of the beach in Blue Mountain. When the buyer bought he had no idea that a large development would happen north of him and shuttle all the owners to the beach near his home. I can somewhat understand his concern and issue but still do not understand how he could not understand the customary use issue making his point mute.

I feel the claim of a private beach is false and misleading. We shall soon see.
 

avalon

Beach Fanatic
Apr 21, 2008
451
122
Seagrove
I guess what really throws me is how someone could purchase something and see people out back and then begin to complain about the people out back.

I really wish someone could explain it to me to help me see the other side of this debate. I would or will try to be very objective but for 2 years have not heard one argument that made sense to me.

The best argument I have heard has been about the density switch north of the beach in Blue Mountain. When the buyer bought he had no idea that a large development would happen north of him and shuttle all the owners to the beach near his home. I can somewhat understand his concern and issue but still do not understand how he could not understand the customary use issue making his point mute.

I feel the claim of a private beach is false and misleading. We shall soon see.
As I have said before, I just do not believe that everybody understood the customary use thing. It should be explained to potential buyers just in case. This will make for much better relations going forward. What we as long time residents take as a given is not always obvious to the newcomer. I am for a free and open to all beach situation, but let's stop the crazy platting of lots that invite controversy, or at the very least , hard feelings. I am just saying that the beach homeowner does not always have horns and an effort to work our differences out in an agreeable way will be to everyones benefit. I hate to have to be ill with our neighbors!
 

Bobby J

Beach Fanatic
Apr 18, 2005
4,041
601
Blue Mountain beach
www.lifeonshore.com
As I have said before, I just do not believe that everybody understood the customary use thing. It should be explained to potential buyers just in case. This will make for much better relations going forward. What we as long time residents take as a given is not always obvious to the newcomer. I am for a free and open to all beach situation, but let's stop the crazy platting of lots that invite controversy, or at the very least , hard feelings. I am just saying that the beach homeowner does not always have horns and an effort to work our differences out in an agreeable way will be to everyones benefit. I hate to have to be ill with our neighbors!

I agree. This is one area that it seems some buyers were really mislead. It looks like another disclosure for us. CUSTOMARY BEACH DISCLOSURE
 

avalon

Beach Fanatic
Apr 21, 2008
451
122
Seagrove
That is all I am saying

Thank-you Bobby! I just was saddened to see all beach front owners painted with the broad brush. Some are actually mean spirited, some are just bewildered. I hope this deal is worked out soon-- We do not need a public tug of war at this point in time especially. Peace! And Happy Valentines' Day.
 
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