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I own an oceanfront property in an association in which 4 are oceanfront and 30+ are not. I pay taxes for my privately owned oceanfront property. There are no legally recorded easements.
Should others get to use my privately owned property for free?
I'm confused, what do you actually own, to the high water mark? What part of youe "private property" are they trespassing on.
If it's a big problem can't you just fence off your property?
I own an oceanfront property in an association in which 4 are oceanfront and 30+ are not. I pay taxes for my privately owned oceanfront property. There are no legally recorded easements.
Should others get to use my privately owned property for free?
And I own the road in front of my home. Fee simple. But the other three properties in the culk-de-sac have a right to pass over it. But I still own it. And the back twelve feet on my property are an easement by the county. Can't build on or do anything but landscape and that is limited. Can't even put in a sdewalk as the horses don't like them.
I can come and camp out on the beach right in front of his property and pretty much live there tax free year around.
Beaches and banks of rivers have been common law passageways since the first of mankind.
I'm confused, what do you actually own, to the high water mark? What part of youe "private property" are they trespassing on.
Landward of the high water mark. My lot line extends 100 feet eastward of the naturally occurring barrier dune, otherwise known as the dry sand beach. You know, the part where everyone sets up their beach umbrellas, beach chairs, canopy tents, coolers, beach blankets, etc.
Should also add that (in my case) while the town and state insists the public can use the privately owned land for free that the owner is taxed on, they provide no lifeguards, no trash cans, don't clean up the mess people leave behind, etc.
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If it's a big problem can't you just fence off your property?
Most property has a public and/or utility easement near the street. That's legally recorded and should show up on a survey. There is no easement elsewhere unless it's legally recorded. That's exactly why the police cannot enter your home without a search warrant. They do not have an easement to do so.
And I own the road in front of my home. Fee simple. But the other three properties in the culk-de-sac have a right to pass over it. But I still own it.
And that's probably legally recorded as an easement.
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And the back twelve feet on my property are an easement by the county.
The lower court seems to have decided that; but, their Supreme Court took this case for some reason... we'll just have to wait and see why.
I'm guessing it's because there is no legally recorded easement.
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