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Thread: 60 meter public prop on beaches

  1. #1
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    Default 60 meter public prop on beaches

    Hi all,

    Could someone help us by either confirming or correcting what I read in the travel section of DR1 that "By law, the first 60 meters of any beach is public property. ".

    We have lived on several islands, and while all of them have "public rights" laws governing their beaches, none have such a huge distance allocated. If my memory serves me (and I am the first to admit that I do fall prey to senior moments from time to time) this public rights allocation on the other islands was usually in the 18 to 25 foot range, as measured from the high tide mark.

    60 meters is quite large by comparison. I would sure hate to assume it was a typo though, only to later discover that the public property line extended from the waters edge to right about the center of our living room. Of course, that would be an interesting way to meet one's neighbors

    As always, thank you for your kind help.
    beachlv

  2. #2
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    It's the law. Where hotels and other residences have gotten around it is that the President has the ability to assign concessions that restrict the access to the beaches, but the law states that all beaches are public. Thus technically and legally, if a person arrives by sea on a beach, he should be allowed to stay.

    See a thread on this at http://dr1.com/forums/showthread.php...ghlight=meters

  3. #3
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    60 meters from the high water line in the DR.

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    I believe it is 60 meters from High tide to BUILD and not that it is public access. But.......... This is the DR and a little money in the right place gets that fixed.

  5. #5
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    Default Thank you

    Quote Originally Posted by Dolores
    It's the law. Where hotels and other residences have gotten around it is that the President has the ability to assign concessions that restrict the access to the beaches, but the law states that all beaches are public. Thus technically and legally, if a person arrives by sea on a beach, he should be allowed to stay.

    See a thread on this at http://dr1.com/forums/showthread.php...ghlight=meters
    Thank you kindly for the link Dolores.

  6. #6
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    Law 305 of 1968 states the following:

    "Art. 49.- Está sujeta a la navegación marítima, así como a cualquier otro uso público que fijen los reglamentos del Poder Ejecutivo, la faja de terreno denominada Zona Marítima, o sea la que se halla paralela al mar, de sesenta metros de ancho, medidos desde la línea a que asciende la pleamar ordinaria hacia la tierra y que abarca, salvo los derechos de propiedad que al presente existan, todas las costas y playas del territorio dominicano. Dicha zona comprende los ríos y corrientes, lagunas y lagos navegables o flotables hasta donde se encuentren bajo la acción de las mareas. La zona marítima forma parte del dominio público, así como también la zona de las mareas, o sea la porción de tierra que se halla entre la línea de pleamar y la bajamar."

    “Art. 49.- It will be subject to maritime navigation, as well as to any other public use established by Executive regulation, the strip of land called the “Maritime Zone,” meaning that which is parallel to the sea, 60 meters wide, measured from the line reached by the normal high tide inland, and comprising, except for those property rights in existence, all the Dominican coast and beaches. Said zone comprises rivers and currents, navigable lagoons and lakes up to the line where they are affected by the tides. The maritime zone is part of the public domain, as well as the zone of the tides, that is, the portion of land found between the high water and low water marks.”

    It is interesting to note that the original provision establishing a Maritime Zone was enacted in 1920 by Vice-Admiral Thomas Snowden, Military Governor during the American occupation of 1916 to 1924. The width was originally 5 meters but has been changed over the years reaching the present 60 meters in 1968.
    Last edited by Fabio J. Guzman; 11-18-2004 at 11:30 AM.

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    Quote Originally Posted by Fabio J. Guzman
    Law 305 of 1968 states the following:

    "Art. 49.- Está sujeta a la navegación marítima, así como a cualquier otro uso público que fijen los reglamentos del Poder Ejecutivo, la faja de terreno denominada Zona Marítima, o sea la que se halla paralela al mar, de sesenta metros de ancho, medidos desde la línea a que asciende la pleamar ordinaria hacia la tierra y que abarca, salvo los derechos de propiedad que al presente existan, todas las costas y playas del territorio dominicano. Dicha zona comprende los ríos y corrientes, lagunas y lagos navegables o flotables hasta donde se encuentren bajo la acción de las mareas. La zona marítima forma parte del dominio público, así como también la zona de las mareas, o sea la porción de tierra que se halla entre la línea de pleamar y la bajamar."

    “Art. 49.- It will be subject to maritime navigation, as well as to any other public use established by Executive regulation, the strip of land called the “Maritime Zone,” meaning that which is parallel to the sea, 60 meters wide, measured from the line reached by the normal high tide inland, and comprising, except for those property rights in existence, all the Dominican coast and beaches. Said zone comprises rivers and currents, navigable lagoons and lakes up to the line where they are affected by the tides. The maritime zone is part of the public domain, as well as the zone of the tides, that is, the portion of land found between the high water and low water marks.”

    It is interesting to note that the original provision establishing a Maritime Zone was enacted in 1920 by Vice-Admiral Thomas Snowden, Military Governor during the American occupation of 1916 to 1924. The width was originally 5 meters but it has been changed over the years reachinig the present 60 meters in 1968.

    Mr. Guzman, I would like to thank you on your comments from time to time which I have found extremely informative on many issues.

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    Question Property title to oceanfront land

    When you buy oceanfront property do you get title to the 60 meter setback but just cannot build on it or do you exclude that area from the purchase???

    I am purchasing a tract of oceanfront property that has over 1400 meters of frontage and this could be a siazable difference in the total sq. meters involved.

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    Default Good Question.

    Quote Originally Posted by kfrancis
    When you buy oceanfront property do you get title to the 60 meter setback but just cannot build on it or do you exclude that area from the purchase???

    I am purchasing a tract of oceanfront property that has over 1400 meters of frontage and this could be a siazable difference in the total sq. meters involved.
    I have wondered that myself as when I have enquired about beachfront, especially of any size... they ( locals ) always measure from some cactus they have planted????.

  10. #10
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    Quote Originally Posted by kfrancis
    When you buy oceanfront property do you get title to the 60 meter setback but just cannot build on it or do you exclude that area from the purchase???

    I am purchasing a tract of oceanfront property that has over 1400 meters of frontage and this could be a siazable difference in the total sq. meters involved.
    It is included in the title. The advantage in having it in the title, even though you can't build on it, is that some well connected Dominican or some resort group that can get special dispensation to build at the water's edge won't someday put up a building that blocks your view. If I were buying water front property and those 60 meters weren't included, I would be concerned.

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