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Richard

Beach Comber
Feb 16, 2005
30
5
I am told one of the Blue Mountain Beach beachfront property owners, a former lawyer, went into court stating the developers had 'intended' to give the beach to the subdivision and asked that the judge award him that property seaward of his home to the waters edge. Of course the developers, long since gone, were not there to say otherwise. I'm not sure anyone knew this was happening. At any rate since no one objected, the judge awarded him the property. After that many of the Blue Mountain Beach beachfront property owners marched into court making the same request. They got the same results. Pretty amazing! I am also told some of those new deeds do stipulate ownership on behalf of the subdivision, some don't. Did the developers own the beach to begin with? Hope that gets looked into. Why don't all the deeds read the same, other that they were handled by different lawyers? How do you prove someone intended to do something years ago? Lots of questions.
 
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avalon

Beach Fanatic
Apr 21, 2008
451
122
Seagrove
I am told one of the Blue Mountain Beach beachfront property owners, a former lawyer, went into court stating the developers had 'intended' to give the beach to the subdivision and asked that the judge award him that property seaward of his home to the waters edge. Of course the developers, long since gone, were not there to say otherwise. I'm not sure anyone knew this was happening. At any rate since no one objected, the judge awarded him the property. After that many of the Blue Mountain Beach beachfront property owners marched into court making the same request. They got the same results. Pretty amazing! I am also told some of those new deeds do stipulate ownership on behalf of the subdivision, some don't. Did the developers own the beach to begin with? Hope that gets looked into. Why don't all the deeds read the same, other that they were handled by different lawyers? How do you prove someone intended to do something years ago? Lots of questions.
This my point exactly. Why not acknowledge the root of this problem? Lot lines were drawn without regard for general beach use by the public. I just can not believe that this was an innocent "ignorance" of the long term impact on the local economy and quality of life for residents. To rely on customary use as a safeguard is not much comfort to me. I think the lot lines should be limited to a reasonable distance from your building footprint. If the past can not be fixed, let's at least not continue down this bad path.l
 

BeachSiO2

Beach Fanatic
Jun 16, 2006
3,294
737
Oh, I've seen that paper trail, but if the original plat of the sub-division never included the beach, how the hell could it suddenly be included later in time?

I don't know the legal ins and outs but Richard covered what I had heard. The final result was the same. In addition to the Summary Judgment, the actual deeds themselves have a different legal description now.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
I've read through most of the deeds, and the talk about the beach property going to the deeded beach front owners, then reverting back to the entire subdivision if the developer ever dissolved. It has been a year or two since I read all of that mess, so I may have that reversed, regarding the "ownership" pre and post developer dissolvement. However, I never found anything in the original plat regarding the ownership of the beach, and the beach is certainly not included in the legal description as I read it, in any form or fashion. The original plat does acknowledge that all avenues, streets and accesses (beach and Lake) within the boundary of the sub-division are dedicated to the perpetual public use.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
Thanks, gayboi. Sorry, I forgot that the Clerk of Courts' site isn't user friendly re linking. It may get screwed up in attempting to bypass the disclaimer.

Try this >>>click<<<
Then, in the blue box to the left, select "Book Page."

Under Book Type, select "Plat"

Beside Book, type "2" (only the number, not the " ")

Beside Page, type "41"

A list will pull up and click on the hyperlink for the first item on the list. A new page will pop up. Go to the "settings" at the upper right, and a pop up box will appear. Beside the question, "Which image viewer would you like to use?," select pdf, then click "ok."

Back on the main screen, click "view image."

Remember that you can zoom in to read it closely, and pan around the screen.
 

Majah

Beach Comber
Apr 30, 2009
23
9
Santa Rosa Beach, Fl
This subject just keeps coming around and I feel compelled to say something, I'm not fighting, just putting another take on this issue. I feel sorry for some of these people, seems there's another side of the story that you may not get to hear.
We have friends that sit beach front. We've talked with them about how did this beach issue happen? Here's the info that they gave us: They purchased their property somewhere in the late 70's or early 80's. Lot of area to be had at that time. This area was slowly building. Did Walton County buy in---as you can see not much. We've looked at their property warranty deed, which states a distance of X amount to the mean high water line of the Gulf of Mexico, thence go X amount along the aforesaid mean high water line etc... it reads like these people by deed own their beach. They think that all this mess came about after Dennis. Every beach front property owner that was left standing after this storm had to pay out of their pocket to shore up their property. (This included the sea walls--another issue. In talking with our friends, we found that Walton County didn't have a plan in place to cover the proper way to handle this situation, most were on their own. (Surprised us that Walton Co. never thought a storm would ever affect these people). Storms had affected this area before and FEMA helped to restore the dunes that were washed away by Opal, I believe. It's been a while since we talked about this). Most of the property owners went beyond the call of duty. Sand (another issue) was brought in to rebuild the dune system, plants were planted, and they believe that they did the best they could considering lack of rules for them to use. Some people did some good things and some people did some bad things. They told us they didn't want the seawalls, but had no idea what to do, they were just left standing there. They needed guidance, but there was little to be found.
Any how, here comes the mess. This started people saying that all beach front property owners should be washed into the Gulf of Mexico including their County Commissioner. Shame on the seawalls. Shame on the sand--shame on everything. A lot of property owners sit in complexes and sub-divisions. These areas have been sharing responsibility for the properties for quite sometime. Everyone backed out on this issue and starting saying, that's your property not ours, (seems to me that sums that up by a few people) we're not paying for any of it. So, here we are today. People feeling angry that they were abandoned and also dealing with other people that have the attitude of entitlement, I guess. There is one person in their complex that actually rubs it in their face, that he's sitting on their beach (could sit anywhere else) and it didn't cost him a dime. Kind of hard to take, I'm sure.

Two bits for our friends, they have never asked people to get off the property. They do go down and clean up after people that leave trash and such all over the place. The feel that they have been tagged as the bad guys, when really they don't feel they did anything wrong. They had to do what they had to do.
I can't imagine what would have happened to this area, what if all those gulf front property owners had not dug deep into their pockets and basically rebuilt the beach. Cost of $100,000's of thousands, depending on the area. Life savings, college and retirement money gone, for some, they're still paying for that storm. I would not have wanted to vacation on a beach that was ravaged by mother nature. It was a very sad situation and horrible to look at the destruction caused by Dennis. I just wonder what people would be saying if they had not made an attempt ( good or bad) to restore the coast. Bet a lot tourist dollars would have been lost, as well as jobs, and business. Our friends just sit quietly as people throw stones at this beach front group. As in everything, you have your people that are trying to do right (the largest number I believe) and then you have those that cause the grief (which maybe rightfully so).
IMHO, maybe those who attack these people should have to live (not rent or vacation) on the beach and face the obstacles that come with the turf. I think there are 2 sides to this story and both have their pros and cons. I guess you have to look deep and ask yourself, if that was my home, what would I have done and how would I feel about the negative attacks that come your way. I think some people act nastier than others. Maybe you have to walk a mile in their shoes to understand all the mixed emotions that come with the turf.
Best of luck to our non-trouble causing friends, we hope people will start distinguishing between the trouble makers and others that are just caught up in a bad situation.
Hope this doesn't make you mad that I've talked openly about your problems. :dunno:
 

scooterbug44

SoWal Expert
May 8, 2007
16,706
3,339
Sowal
I am not asking the beachfront owners to pay for anything - the reason they had to "shore up their property" wasn't because of our demands, it was because their homes were undercut by the storm surge.

Millions and millions of tax dollars are being spent on beach renourishment projects and the nicest looking stretch of beach in the area is the one where we let nature take its course and fix the beaches naturally.

The only thing I am "asking" of beachfront owners is that they stop constantly biatching about people using the beach, going "mine, mine, mine," and messing with endangered species in violation of existing rules and regulations.

I know that some beachgoers behave inappropriately and cause problems, but those people misbehave wherever they are - frustrating us all.
 
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