Sea April 16, 2014 at 07:16 pm
So if you are the Government Affairs Director for the San Mateo County Association of REALTORS®,Read More I'm sure you have heard the term "Prescriptive Easement" maybe that applies here. I guess this guy thought he had bought his own land that included a free public beach all for himself since no one can access it anymore and you seem to think that's alright? What I found was that there are four (4) elements to a prescriptive easement in California: 1.) The use of land must be open and notorious; 2.) Continue and be uninterrupted for a period of at least five (5) years (occasional use could establish the prescriptive use right for the same frequency, e.g., on weekends); 3.) Be adverse; and 4.) Be subject to a claim of right (i.e., not consented to). If I'm not mistaken, this path to this beach has been in use for DECADES. I'm not sure but I'd guess you won't find much support here on the patch for this billionaire client but I could be wrong. Time will tell. There is an article "Surfers sue over blocked beach access" at sfgate dot com that has some great photos - of course the property is held by a LLC. "Martin's Beach LLC" I only hope the coastal commission gets it right on this one.
Mark Fassett April 17, 2014 at 12:31 am
Give me a break. The coast doesn't belong to anyone below the surf line, and people have the rightRead More to enjoy the beach. Much like idiots like David Gefen who don't want to provide access to the unwashed masses... sorry, the law says otherwise.
Paul Stewart April 17, 2014 at 08:35 am
@Prescriptive Easement... a good explanation and no one's going to shed any tears for the owner butRead More (as you alluded) it is the greater issue of private property rights at play. I doubt the Coastal Commission will get it right, however as their history of protecting property owners is not, shall we say, stellar. @Mark Fassett. You are correct as long as trespassing is not involved. That's the law... trespass and one breaks the law. Pretty straightforward... but this will ultimately be decided by the courts.
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