Results 1 to 10 of 10
  1. #1
    Silver
    Join Date
    Jan 2002
    Posts
    3,063
    Post Thanks / Like

    Default Closed access road

    A resort has closed a principal private access road to a beach with a wall and locked gate marked with a private property sign. This access road had been used for more 14 years by the dwellers of the adjacent residential area. This access was promised and advertised to them when they purchased their properties from the developer, the same developer who constructed the resort and then sold it. The end of the road was within 100 meters of the high water mark of the beach and there was an ample parking area for the residents. The resort has now purchased additional land at the side of this road that in effect allows them to unilaterally control total access to the beach from the residential area.

    There is a sidewalk that leads to the beach and it is sandwiched between the existing resort area and the newly purchased land. The residents have been using it much to their consternation as the resort will not unlock the gate. They feel the resort intends to close that off also, because the resort now has offered the residents the use of a new access entrance that allows them to enter recognized resort property to go to the beach from a point more distant from the original. However, the residents are balking at this offer, a concern, as they view it as a maneuver to allow the resort to close off beach access completely at a future date. They want their original access.


    Does the resort have the right to close off the original road that has allowed access for 14 years or more to the beach?

    Regards,
    PJT

  2. #2
    Gold
    Join Date
    Sep 2008
    Posts
    7,919
    Post Thanks / Like

    Default

    it might help if we all knew where we are talking about

  3. #3
    Silver
    Join Date
    Jan 2002
    Posts
    3,063
    Post Thanks / Like

    Default

    Quote Originally Posted by jrhartley View Post
    it might help if we all knew where we are talking about

    I would like to remain discreet about where this is happening at this time. The question is more about of a point of law: a right of way.

    The development residents would like know; does the resort, the beachfront property owner, have the right to close off an access road ( a right of way ) that they has been using for at least a minumum of 14 years?

    Regards,
    PJT

  4. #4
    Silver
    Join Date
    Mar 2008
    Posts
    2,826
    Post Thanks / Like

    Default

    As jr said, without knowing the specific location it would be difficult to determine.

    It all depends on what specific local regulations are in place, who has which permits and/or titles, what agencies are involved, who's who in chain of command, who paid how much to whom and when, who has the best lawyer, etc.

    It's not a simple question to answer even with all the information.

  5. #5
    Regular
    Join Date
    Feb 2006
    Posts
    62
    Post Thanks / Like

    Default

    I had heard that all beaches were public 60 feet from the high waterline. The sticking point was how that public beach could be accessed. I was told that resorts, land owners, etc could prevent access through their property but could not prevent access to the beach from outside their property lines.

  6. #6
    Bronze
    Join Date
    May 2002
    Posts
    1,456
    Post Thanks / Like

    Default

    Quote Originally Posted by PJT View Post
    I would like to remain discreet about where this is happening at this time. The question is more about of a point of law: a right of way.

    The development residents would like know; does the resort, the beachfront property owner, have the right to close off an access road ( a right of way ) that they has been using for at least a minumum of 14 years?

    Regards,
    PJT
    PJT, I am used to go this particular beach every morning for a one hour walk and know exactly which resort you are talking about.
    This dispute is going on for quite a while now and has never been resolved for good.

    You will not get any helpful advice if you don't say in public which resort it is and you will never find out, how many people are on your side and would support you, including me!!! I would say hundreds are p....d off about this situation!

  7. #7
    DR1 Expert
    Join Date
    Jan 2002
    Posts
    2,258
    Post Thanks / Like

    Default

    The question is whether the access used by the locals for the last 14 years is actually a public road or private property which now belongs to the resort.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sos�a, Santo Domingo, San Francisco de Macor�s, Cabrera
    Las Terrenas, Saman�, B�varo (Punta Cana) and La Romana
    Dominican Republic

    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  8. #8
    Silver
    Join Date
    Jan 2002
    Posts
    3,063
    Post Thanks / Like

    Default

    Quote Originally Posted by Fabio J. Guzman View Post
    The question is whether the access used by the locals for the last 14 years is actually a public road or private property which now belongs to the resort.

    It is a private access road constructed by the developer for resident and resort use. The developer originally owned and operated the resort, then sold it, the sale supposedly included the portion of the road near the beach. Recent statements by a high official of the developer indicate the road is co-owned by the developer and resort. However, the developer is not taking any action on the behalf of the residents to open the portion of the road closed off by the resort.

    Regards,
    PJT

  9. #9
    Platinum
    Join Date
    Feb 2006
    Posts
    12,420
    Post Thanks / Like

    Default

    if that access is written in the resident owners contract when purchased there they should take legal actions against the developer who sold that access to the resort.
    if that road is always been part of the private(now resort) property i would say the resort has the right to close it in the way they want to.
    if the right to use that road been just promised but not written in any contract i would say there's nothing to do, the developer lied, the resort is the owner of that road, but without a written and signed paper nobody can fight against the developer's lies.
    Mike

  10. #10
    DR1 Expert
    Join Date
    Jan 2002
    Posts
    2,258
    Post Thanks / Like

    Default

    If the resident owners have a recorded easement on the road (preferable) or a contract with the developer granting them the right to use the road (not so good because the contract will not bind a third-party who may buy from the developer), then the owners may pursue an action against the developer.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sos�a, Santo Domingo, San Francisco de Macor�s, Cabrera
    Las Terrenas, Saman�, B�varo (Punta Cana) and La Romana
    Dominican Republic

    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •