Question ref Coconut Island.

[Jenkins9039]

 

Don't wish to step on any toes but looking for an answer.

 

On 'The Villiages' website they mention they own a private beach, and have the private dock.

 

 

Owning land adjacent, I have 'sand' and at high-tide the only beach area belongs to me, at low tide there's a sand area that is accessible, , checked the land office site and their chanute aligns to my own.

 

Are we to say (as i believe) the beach is therefore 'public/state' for them, and free to utilise/walk along/berth on for me ?

 

As for the pontoon that may very well be privately owned (paid for) but i'd imagine right of access is enshrined in such as access is anyway its on state waterways/land.

[blackcab]

The entirety of the beach is owned by the state. While the English translation uses the word "foreshore", please do not think the word "foreshore" limits state ownership to the wet land exposed between high and low tides, as this would be an incorrect assumption.

 

To be crystal clear, the beach in its entirety is owned by the state, from the wet land exposed at low tide to the edge of the dry sand that usually abuts the closest beach front title deed.

 

No private individual or company can own the beach or restrict access through or along the beach.

 

You have the same right as anyone else to walk on or access the beach, as long as you can access the beach without trespassing anyone else's land.

 

Here is the relevant extract from the Civil and Commercial Code, Section 1304, Paragraph 2:

 

The domain public of the State includes every kind of State property which is in use for public interest or reserved for the common benefit, such as:

 

2. property for the common use of the people e.g., foreshores, waterways, highways, lakes

 

In terms of the pier/pontoon, you cannot assume that you have the right of access just because it is moored or otherwise secured on the beach.

 

Being secured to state property does not grant the right of public access.

 

If a boat was secured to the same spot by a rope, you would not have the right of access onto the boat. The pier/pontoon is the same.

 

Now the pier/pontoon may or may not have all the correct permissions to be placed where it is, but that still does not give you the right of access.

 

In reality, the website you provided a screenshot of is probably more about marketing and selling a dream as opposed to making an unwise claim against state land.

 

As you well know, a friendly and cheerful disposition is always the best way forward. If you access that section of the beach and there is a question from your neighbours, then a smile and the polite explanation of the law should be all that is required as I am sure your neighbours know the law aswell.

 

Any more than that and I would let your district office resolve the situation. You live in a coastal area, so your district office will be extremely aware of the law surrounding the beach and access to it.

 

My best advice, however, would be to stay off the pier/pontoon unless you are invited. As always, it's better to get along with your neighbours if at all possible.

[eezergood]

popcorn time

 

[beechbum]

"No private individual or company can own the beach or restrict access through or along the beach"

 

Even though lots do..????

 

Edited November 14, 2021 by beechbum