Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
On the residential street, even though that's illegal if it's a state-owned road (mine is). I'm at the terminal end of the street, so they frequently block my driveway when they park. Calling the local police usually does no good. It's a non-emergency call, and the police are busy assisting with emergency ocean rescue calls. Surf is frequently rough out here and visitors don't know how to read the rip currents, don't realize how strong the undertow is, etc. Since it's not a public beach, we have no lifeguards in my area. Several dozen people drown out here each year, though the local newspapers, Chamber of Commerce, etc., don't like to publicize it. Just recently had an Ohio man in his 30s drown. A little before that, a 4-year-old holding his Mom's hand while walking in ankle-deep water was pulled out and under, and drowned.
Quote:
How does the public access the beach?
They trespass. You see, oceanfront homes have dune walkovers to get to the beach. The public walks up the privately-owned homes' driveways and trespass on their beach walkovers. They specifically look for homes that have no cars parked in the driveway. They assume the home is not occupied at that time, so they go for it.
Turn the psychobabble off and realize what I said. Do what you want, don’t expect me to bail you out of your choices you made when your stupidity catches up to you. Period.
There is no point in trying to explain this concept to these people. What they want is to be able to do anything they want and when it goes bad and the SHTF, someone else to come in and rescue them. Gotta have that "stupidity safety net," ya know...
As for the OP, my grandfather was in a similar situation with the boundary of a local lake and his farm ground. As is typical, it's very hard to get the government to do anything if it is perceived as cutting into their own revenue, whether a law exists or not. In his case, nothing was ever done.
Turn the psychobabble off and realize what I said. Do what you want, don’t expect me to bail you out of your choices you made when your stupidity catches up to you. Period.
There is no point in trying to explain this concept to these people. What they want is to be able to do anything they want and when it goes bad and the SHTF, someone else to come in and rescue them. Gotta have that "stupidity safety net," ya know...
That is EXACTLY about which I just posted. Who in the hell takes their family to a non-public beach area, which therefore has NO lifeguards, that's notorious for rough surf, severe undertow, and a lot of rip currents, unless they themselves are certified ocean rescue lifeguards? That's just BEGGING for trouble, and for way too many families, it ends in a tragedy that could have easily been prevented. Dozens every year. Time after time.
There is no point in trying to explain this concept to these people.What they want is to be able to do anything they want and when it goes bad and the SHTF, someone else to come in and rescue them. Gotta have that "stupidity safety net," ya know...
As for the OP, my grandfather was in a similar situation with the boundary of a local lake and his farm ground. As is typical, it's very hard to get the government to do anything if it is perceived as cutting into their own revenue, whether a law exists or not. In his case, nothing was ever done.
That pretty much sums up the mind set of a nanny stater - people are too stupid to have sovereignty of their own mind and body, so nanny state will take control of it.
Nanny staters are traitors to the West, and don't belong here.
No. And how would I? Even in very liberal California, private property boundaries are respected. You can't trespass on anyone else's privately owned property unless there's a public use easement of legal record. See the link in my prior post.
You must realize that in most states where there are open beach laws permitting public use of the beaches, that these are statutory measures that are themselves of public record, even if they are not recorded in the records of the county clerk/clerk of superior court/county recorder.
Any such applicable statute, which by its very nature is a matter of public record, would have the same effect as a recorded easement, and any beachfront property you may choose to acquire would be encumbered thereby just as surely as if you or one of your predecessors in title had expressly granted the public an easement across your beach. In the case of a state with an open beaches act, while you or your predecessors in title may not have granted an express easement of use to the public, you can rest assured that the state legislature did. No further action on your part is necessary; the state has already done all the heavy lifting in terms of permitting the public to use your beach.
In fact, your owners' title policy likely provides that your beachfront property is subject to the right of the public to use the beach, as permitted by applicable statute. If it doesn't, it should. That would be a standard permitted exception to title in the case of beachfront property, and it's hard for me to envision a case where the title company/underwriter would fail to include it in the list of permitted exceptions where that is the case.
Once again...when purchasing beachfront property, one should always endeavor to ascertain the rights of the public to use any or all of the beach prior to closing.
You must realize that in most states where there are open beach laws permitting public use of the beaches, that these are statutory measures that are themselves of public record, even if they are not recorded in the records of the county clerk/clerk of superior court/county recorder.
Any such applicable statute, which by its very nature is a matter of public record, would have the same effect as a recorded easement, and any beachfront property you may choose to acquire would be encumbered thereby just as surely as if you or one of your predecessors in title had expressly granted the public an easement across your beach. In the case of a state with an open beaches act, while you or your predecessors in title may not have granted an express easement of use to the public, you can rest assured that the state legislature did. No further action on your part is necessary; the state has already done all the heavy lifting in terms of permitting the public to use your beach.
There is no such statute in NC, though. It's categorized as only a "policy" issued by a "regulatory state agency."
The State of NC realizes that a state statute would comprise of a 5th Amendment Taking, and they have no intention of paying billions or trillions in the required just compensation. Furthermore, as oceanfront property is valued significantly higher than other property, local governments don't want to lose the tax revenue generated by such.
You must realize that in most states where there are open beach laws permitting public use of the beaches, that these are statutory measures that are themselves of public record, even if they are not recorded in the records of the county clerk/clerk of superior court/county recorder.
Any such applicable statute, which by its very nature is a matter of public record, would have the same effect as a recorded easement, and any beachfront property you may choose to acquire would be encumbered thereby just as surely as if you or one of your predecessors in title had expressly granted the public an easement across your beach. In the case of a state with an open beaches act, while you or your predecessors in title may not have granted an express easement of use to the public, you can rest assured that the state legislature did. No further action on your part is necessary; the state has already done all the heavy lifting in terms of permitting the public to use your beach.
In fact, your owners' title policy likely provides that your beachfront property is subject to the right of the public to use the beach, as permitted by applicable statute. If it doesn't, it should. That would be a standard permitted exception to title in the case of beachfront property, and it's hard for me to envision a case where the title company/underwriter would fail to include it in the list of permitted exceptions where that is the case.
Once again...when purchasing beachfront property, one should always endeavor to ascertain the rights of the public to use any or all of the beach prior to closing.
But no one would know this intuitively because it makes no sense....whatsoever. I'm hearing of all this for the first time in 69 years and I guarantee you that I'm far from the only one. No one who hasn't been through this first-hand would have any way to know or any reason to assume there will be a public invasion of his beachfront.
I don't know how this madness got started, but it needs to end. Just as surely as it would need to end if there were a presumed right to start a baseball game in a neighbor's backyard because it's bigger and better than yours.
But no one would know this intuitively because it makes no sense....whatsoever. I'm hearing of all this for the first time in 69 years and I guarantee you that I'm far from the only one. No one who hasn't been through this first-hand would have any way to know or any reason to assume there will be a public invasion of his beachfront.
I don't know how this madness got started, but it needs to end. Just as surely as it would need to end if there were a presumed right to start a baseball game in a neighbor's backyard because it's bigger and better than yours.
Exactly. Well said! And it would need to end if it were presumed that one could host a pool party in a millionaire's back yard because THEIR facilities are better than your backyard that consists of only a garage and lawnmower shed.
It's still absurd and unenforceable, though. The public should have no access whatsoever to beaches adjacent to private property.
In my area, public beaches abound. If that is not the norm in other coastal states, therein lies the problem and solution.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
