Private beaches in DR - ?

AK74

On Vacation!
Jun 18, 2007
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Hi, everybody!

For many years I believed that according to the Dominican laws in this country all the beaches are public, never can be "private" ones by default. (60 meters requirement/rule)

But recently I heard from two persons already that they were told by securuty guards to leave a beach (North Coast), that it was "private".

Anybody in the know can update on the legal situation with beaches please?
 
S

sokitoumi

Guest
could you tell us which beach is invloved-the theory of no private beaches is good but who wants to argue with someone with a gun when one is wearing a thong
 

AK74

On Vacation!
Jun 18, 2007
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could you tell us which beach is invloved-the theory of no private beaches is good but who wants to argue with someone with a gun when one is wearing a thong


It does not matter which one in particular. It could be near property of a DR.1 member, for instance. Or maybe not. Not important.

The question was about the LAW. Was it ever changed/amended/loopholed? Or those people just chase away people from some beaches to create themselves privacy illegally?

The question was about an applicable law only.
 
S

sokitoumi

Guest
we need factual accounts - ive never been turned off a beach here even at sea horse ranch...lol
 

J D Sauser

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Nov 20, 2004
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That would be an interesting topic on the "Legal" Forum.
Actually, I believe to understand that the 60m limit is about edification easement. Then, we'd have to discuss what an edification is, is it a house, a home, does it include a gazebo or bbq or pool, a wall even even just a fence.
I also seem to believe to understand that access to the Nations waters has to be guaranteed... but is access really including the unfettered use?

You can constantly see "beach"-properties and land or plots offered for sale... some don't even have 60meters of depth.
What do titles say / what can they say... is land inside the 60meters easement even private at all and can it be sold (can title be obtained?)?
If not, is it automatically property of the State... and can the State sell it at all (can it be made private) and if so, how much privacy would that mean?


... J-D.
 

jrzyguy

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May 5, 2004
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I've had a similar situation in quayacannes. There is about a mile of beach that is lined with nice bungalos etc. I have been approached by men on horseback and with shotguns and machetes that seemed rather threatening at first...but luckily i was with a dominicano who eventually got things straightened out.

It still sorta sucked tho. I didnt feel comfortable leaving my stuff on the beach (camera, ipod etc).

I hardly looked like a threat to the private property and i doubt that the presence of one gringo and his dominican friend looked like a threat to the bungalos.

I have pictures of this. (jeje...i thought it would be "nice" to take pics of the man on the horse...until he pulled out his guns and started yelling at me)...the guy with the machete was totaly cool tho.
 

AK74

On Vacation!
Jun 18, 2007
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we need factual accounts - ive never been turned off a beach here even at sea horse ranch...lol



Me neither. I want to know exactly what the Law says. Just in case. To be preparado. Either to fight or to leave.
 

J D Sauser

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Nov 20, 2004
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Me neither. I want to know exactly what the Law says. Just in case. To be preparado. Either to fight or to leave.


If you are being told at gun point that the law won't count at any time or just because it's you, you better not fight and leave, unless "preparado" means that you are prepared to give up your personal safety for the sake of a legal argument.

IF the law really protects the beaches from exclusive private ownership, the few who will (be able to) claim ownership and exclusive privacy anyway, won't be fought by you or the law... as they will most likely be above it and enough to fight your fight off permanently if need and get away with it.

Still, I would be interested to read legal opinions about your question as well as mine to the subject.

... J-D.
 

AK74

On Vacation!
Jun 18, 2007
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Of course I will leave at gun point.


"Preparado" only means to be able to tell the person who demands that I leave that by law I can be on this beach. If the person in question wants confrontation - I will leave of course and report to Ministry of Justice and to the regional police headquarters about the incident. I think it is all that I can do in this country.

One of the two situations happend in Playa Dorada. Second or third hotel to the left from the main entrance to the beach. First the couple was told by sec guards/beach workers not to take chairs that is OK. But at 6 p.m. they told them that beach is closed and they must leave. They left.

BTW, sometimes guards in Casa Marina do not allow to go down to Playa Alicia in bad/rainy weather when flag is red to people who do not even stay in Casa Marina. And yes, it happened to me personally several times.

If you are being told at gun point that the law won't count at any time or just because it's you, you better not fight and leave, unless "preparado" means that you are prepared to give up your personal safety for the sake of a legal argument.

IF the law really protects the beaches from exclusive private ownership, the few who will (be able to) claim ownership and exclusive privacy anyway, won't be fought by you or the law... as they will most likely be above it and enough to fight your fight off permanently if need and get away with it.

Still, I would be interested to read legal opinions about your question as well as mine to the subject.

... J-D.
 

Matilda

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Sep 13, 2006
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same happens in Juan Dolio. It was a public beach. Now at the guarded entrances you can take no drinks, no chairs, no food, no umbrellas.

Happy day at the beach
 

J D Sauser

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Some public beaches, like the Malecon beaches of Puerto Plata will bear signs listing all sorts of things forbidden, like bringing glass bottled drinks, food and other stuff which is never being taken seriously, as well a time limit (is it 20:00?). Around tourist complexes there are indeed time limits posted. This not only seems reasonable but may actually be sentenced and made legal by the tourism ministry (?). How would the watchies be able to keep resorts half way save if all sorts of people could wander around those beaches all nite, have parties, picknics and practice other night time "activities"?

Tourism deserves a certain degree of protection and the country needs tourism. So there may be special laws around those outfits(?).

... J-D.
 

jrzyguy

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May 5, 2004
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ok..me again.

I am not sure if it is guyacannes or juan dolio. THe incident i described was to the west of the main cove of juan dolio...near a huge vacant and run down villa. At first the guy with the machete came out...he was cool and we hung with him most of the day.

But then that guy on the horse came by with his gun. My friend was just cleaning some fish on the beach and i was getting some sun and a little swimming in. From the gist of the conversation with the guy with the gun and my friend is that he didnt want us taking coconuts (which the guy with the machete was doing...but he was not our friend). ANd he wanted money from me if i wanted coconuts. I dont like coconuts. Anyhoo...he finaly left us alone (after i took my "cute" and touristy photo) and my dominican friend talked to him. But I still felt uncomfortable leaving my stuff in the beach while i swam. (had an ipod and cam etc with me).

It just kinda sucked tho. It really didnt look like "private" land. we were not in front of some AI etc. I can post pics of the exact location (as well as the guy with the horse and gun).

Just curious about this. I'd like to go back to that spot again...but with no hassles.
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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the real legal 'words' on that,
hope somebody finds them and posts them over here, interested in such myself alsways.
when guards don't let you access a red/black flagged beach, i honor that if it is only for the fact of the announced danger/flaggs out, we have too many idiots dying in the nearshore waters every year on the island, when Sea/weather conditions are on dangerous level or expected to get dangerous i appreciate a lot that even guards(i assume but don't now we are talking about private guards/watching mens, not authorities) do not allow the access.
examples for """private""" beaches are present at many spots, i comment on my own hometown area:
i live on the east coast in Cabeza de Toro on the Oceanfront,
200 meters aside of our public beach 30 meters in front of the building we have the Club Nauticus Cabeza de Toro, only busy during billfish season when tournaments are held there, rest of the year 1 person in charge there, no movement, no guards, but the fence of the property ends "in the water", that means if you want to have a beach walk you have to enter the water to go around the fence which closes the property. i have no prob with the spot, but i would not name that a public beach neither. next example is where i have my own company based, the Punta Cana Marina and the Cap Cana Marina right aside, try to walk that many miles long beach stretch and try that specially on nighttime, could be adventurally funny.
where are our "legal/law experts" to put the law on the table, and then we would need to find the authorities who run on that.
it is always a flexible 'border' on such, where i.e. people who enter a beach area of a resort are just menbers of the crowd of people who are present on that beach strip(visitors and locals) and where begins that such little crowds may just "bother" the visitors or start to check their belongings left on beach chairs while they enjoy a swim in the ocean.
it's a nice theme,
looking forward to what else opinions or facts are coming up,
but from spot to spot it has also it's sensible little differences,
in my opinion.
wanna hear others to that
Mike
 

MikeFisher

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Feb 28, 2006
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sorry guys,
i did a big mistake not to realize that the thread had 2 pages, i read only the first one when i answered and see now there's a 2nd one with much more posts.
will read thru 'em now.
Mike
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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Some public beaches, like the Malecon beaches of Puerto Plata will bear signs listing all sorts of things forbidden, like bringing glass bottled drinks, food and other stuff which is never being taken seriously, as well a time limit (is it 20:00?). Around tourist complexes there are indeed time limits posted. This not only seems reasonable but may actually be sentenced and made legal by the tourism ministry (?). How would the watchies be able to keep resorts half way save if all sorts of people could wander around those beaches all nite, have parties, picknics and practice other night time "activities"?

Tourism deserves a certain degree of protection and the country needs tourism. So there may be special laws around those outfits(?).

... J-D.

yeap JD,
totally agree on that.
we want tourists to come to the country and they won't if they would not feel save, that's what i meant with the "flexibel border" independent of words of a law or such.
a private beach front property owner will sure also have a control of 'what is right in front of my door", and there's of course on the other side everybody who wanna have a nice quiet beach day with the family once in a while without beeing the owner of such a property.

to the poster with the coconuts:
that's been just a ...
yeap, i will stay family friendly,
those guys may even know your local friend who has been with ya,
they defended their 'tereno',
all coconuts there are theirs to sell on their bill.
those are local(and at each spot existing) little rivalties,
in my case i would have pulled my gun and told him to ...
if you visit the place again without the same friend of yours without taking "their" fishies (and if you do just leave one to themz) you will more likely not get approached, and if yes just because they ask you if you wanna buy a coconut.
Mike
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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What about buying up the entire area that surrounds a beach and then preventing any public access? Is that legal in the DR?

I know it is done all the time, but is it legal?

good point.
and as a matter of fact:
if you have the $$$ to purchase the whole surrounding area,
who cares???
it would be 'semi-private'
Mike
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Law 305 of 1968 has neither been changed nor amended nor abrogated. It states the following:

"Art. 49.- Est? sujeta a la navegaci?n mar?tima, as? como a cualquier otro uso p?blico que fijen los reglamentos del Poder Ejecutivo, la faja de terreno denominada Zona Mar?tima, o sea la que se halla paralela al mar, de sesenta metros de ancho, medidos desde la l?nea 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 r?os y corrientes, lagunas y lagos navegables o flotables hasta donde se encuentren bajo la acci?n de las mareas. La zona mar?tima forma parte del dominio p?blico, as? como tambi?n la zona de las mareas, o sea la porci?n de tierra que se halla entre la l?nea 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.?

When it says that the maritime zone is part of the public domain, it means that it is public property.
 

tflea

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Jun 11, 2006
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Problem is

don Fabio,
the problem is the enforcement of that law,as you know. Developers often say "private beach", etc. The beach may be public, but access to it, way beyond the 60 meters, is being fenced off, roped off, blocked and developed - making some of the nicest beaches inaccessable. Cases in point: most of Punta Cana and Cap Cana, Bavaro, and right here in our own backyard such as Sea Horse Ranch, Casa Marina, the new Hispaniola project at Grl. Imbert's former property in Sosua, and the list is endless. If someone gets arrested visiting a beach, what recourse does one have?
By the way, thank you for your time to answer so many legal questions and for supporting so many charitable causes without fanfare and publicity of your excellent efforts. I only wish there were many other professionals like yourself and those in your firm, which is just one of the reasons I use and will always recommend your services. felicitaciones y mucha suerte.
 
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