Private beaches in DR - ?

[MikeFisher]

right TFLEA,
just try to walk along the beach fromsouth the airport(La Cana Golf Course ) to the former most beautiful beach Juanillo(now Cap Cana), no way.
Mike

 

[STEVE G.]

The real example of Public Beach

is Villas Del Mar Beach / Juan Dolio : clean white sand beach , you can walk miles along the beach in front of the condo projects , resorts , hotels and NO PROBLEMS at all . It is prohibited for projects to put the fences on the beach , even chairslongs with umbrellas on the public beach area ... and yes no animals sh...ing around , no glass bottles , no cooking on the beach , no screaming and load music , less venders . And what is most important : there are public entrances to the beach .

 

[STEVE G.]

Villas Del Mar Beach Public Entrance

 

[STEVE G.]

 

[STEVE G.]

 

[STEVE G.]

 

[STEVE G.]

Miles of white sand and no fences on the beach

 

[moviemouth]

That's what I'm talkin'about!

Thanks for that, Steve. That's more or less the way I've seen it done all over the Carribbean (Caymans, Bahamas, Virgin Islands, St. Maarten, Aruba etc.) but not on the north coast of DR (all due respect to Sr. Guzman's undoubtedly correct citation of the law).

 

[AK74]

is Villas Del Mar Beach / Juan Dolio : clean white sand beach , you can walk miles along the beach in front of the condo projects , resorts , hotels and NO PROBLEMS at all . It is prohibited for projects to put the fences on the beach , even chairslongs with umbrellas on the public beach area ... and yes no animals sh...ing around , no glass bottles , no cooking on the beach , no screaming and load music , less venders . And what is most important : there are public entrances to the beach .

Never been to JD. Is the water at the beach same shallow as in Boca Chika ( called the largest natural swimming pool)? Or deeper? How far from the dry sand water is 6` deep? In BC it is a hundred yards I guess, if not more.

 

[MikeFisher]

windeguy,
i think the question been answered by Sr Guzman,
the law is very clear on that without misunderstandings.
you just have to find a authority knowledgeable baout that law AND willing to give you your right to access public property.
Steve,
thanks for the fotos,
they show how it is down there in the south and they show how it SHOULD be by dominican law.
i can not comment on the north because my last visit been too many years back, but the situation here on the east is what been described before, there are areas(many and wide ones) where private people are not able to enter/walk/access the PUBLIC beach areas, in case of punta cana i would say half is not accessible(at least) because of leak of passages where you could enter that beach without crossing the private property of a resort first, and where you find a sneak in point you will be confronted by guards acting like they are authorities and not the private employees they are to protect private property. every watchingman over here owns more uniforms and patches on them than any real authority member i would know of, their supervisors drive on the streets with vehicles painted and designed that everybody from the outside would mean it is the police coming up(of course the police does not have those prepared vehicles, nor the nice uniforms, lol) and as the top of all they are even on public roads off the property they should protect acting like they would be those authorities. i really lost the count of how many such "institutuions" we actually have here in punta cana, each idiot heavily armed even when drunk at a carwash on day off.
reading the words of the law provided by Sr Guzman i would clearly say none of those actions to stop you from entering that beach is legal,
but who you expect to act on your legal behavior??
nice theme,
keep it up
Mike

 

[Matilda]

Never been to JD. Is the water at the beach same shallow as in Boca Chika ( called the largest natural swimming pool)? Or deeper? How far from the dry sand water is 6` deep? In BC it is a hundred yards I guess, if not more.

No it is not like Boca Chica. The reef is much closer - like 50 or so yards out, and the sea is not as shallow - up to say waist level before you hit the reef or deeper in some areas. There are more rocks in the sea and it is advisable to wear some sort of shoes as there are also sea urchins. In some areas there are strong undertows - witness the number of drownings each year even not that far from the beach.

Matilda

 

[sokitoumi]

it sounds lovely matilda-lol where are the safest beaches

 

[J D Sauser]

windeguy,
i think the question been answered by Sr Guzman,
the law is very clear on that without misunderstandings.
...
Mike

I fear I would have a question there since one sentence part of the law does not seem very clear nor excluding the possibility of loopholes:

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, ... "

I can't seem to find the translation of the bold part of the original Spanish text in the English text below, but my understanding of the Spanish language would lead me to translate the word salvo as "except"... so it could read as "... except ownership rights currently existing (pre-existing to the law?)". Or am I reading non-sense into it?
If this was the case, in this "legal" environment, this part or the sentence could open the door to all well connected or powerful to effectively claim pre-existing ownership rights and it raises the question if those would be transferred on(?).

“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.

... J-D.

 

[Matilda]

it sounds lovely matilda-lol where are the safest beaches

It's not that bad!!! It is a lovely sea, but in some areas it is a bit rocky and you do need to check for urchins. The drowings to the best of my knowledge have been in front of what was supposed to be Maxims/Sun Village and in Old Juan Dolio and one in front of Marbella. No probs in front of the new apartments - Costa de Sol and Hemmingway nor at the hotels Capella and Talanquera. There was one drowning at Costa Caribe last year too.

But it does not compare to the sandy shallow current free bay at Boca Chica, although the beach itself is much better than that at Boca Chica

Matilda

 

[MikeFisher]

JD,
i would interpret this phrase as protection of private beach properties, not giving the public the right to cross private property to reach a beach, but i would say between private properties should be the walkways like shown on Steve's fotos of the south to access the public area without entering/crossing private property.
interesting theme.
to the OP, the situation been that the guys been on the beach, they did not cross any private property on their way to the public beach(at least as far as my understanding), so as long as they do not appear as a threat for the near the beach private property, as long as they are down at the beach, i would say it is illeagal to show them their way out, the occuring of a private employee(guard/watchingman) on a Public spot(the beach) and armed i would take as a armed threat on my person and the ones with me and take legal actions or pull out my own gun before he has the hand on his one to really threat me and drive him down to the next Marine station with his pump gun in the trunk.
of course the only recommended way is always just to beg off and complain aftrewards, but such should get reported, than more often than more likely there will come the day where some legal action has to be taken to keep public areas open for the public.
i doubt that such really will happen,
the big bucks of a huge resort/private investment area still easily buying laws aso to be 'understood' in their favor.
yes, i understand that a 'tourist area' needs special attention if the country want's to convince tourists to visit and spend their $$$ on the island, i live myself right on the beachfront(25 meters from the Veranda to the Sand) and here thanks god it is public, shaddow areas with little Cana-roof provided and maintained by our residence near the water are accessible for everybody who wanna use them and wanna have fun in the sun on the PUBLIC beach which it is, during weekdays it is very quiet, saturdays and sundays it even can be crowded, that's domnican public life on a free public beach, i like it myself exactly the way it is watching my son in the water with dozens of friends having fun, on the other hand i would assume that 90% of our tourist visitors would not fit in that great crowd/our behaviors to have fun, because to read quietly a book on that beach or take a nap is not easily possible, ha ha.
maybe Sr Guzman can jump in again and provide info about the 'additional' to the old law, the written down 'exceptions/handling rules' for such specific areas, if they exist i don't know, i would be interested in such myself.
as a matter of fact it is handled like that here in the PC area, wide parts of the beaches are not accessible for the public.
Mike

 

[Bayx-**]

I don't agree with the law. I think it's should be revised. When construction started in my house a few years ago, a lot tourists and fishermen cut through my property to get to the ocean. At that time it was Okay, but now that the house is finish it has become a problem. Even though, the house is finish and is gated people just walk right through without asking. I had to hire a guard for a few weeks to stop the traffic. I understand now why most properties in DR are so guarded and so fence-up. I don’t like fences, but due to the problem I had to closet three sides of the property. The back of the house which is oceanfront I have no plan to fence because I hate to block the beautiful view. A few months ago we caught a guy walking away with a chair from my back yard.

So security is an issue in some places. You wouldn't want a stranger walking in your back yard. Anyway some places like where my house is there is no beach just the Atlantic Ocean and it’s almost impossible to get to the water because of the rocks.

In my opinion there should be private and public beaches. There are some places where there are just private houses and was point of having strangers in your back yard. On the other hand, there are a lot beaches that has always been known as public and should remind that way. For example, I love Sosua beach and I can’t think of it being fence-up.
I’m totally against fencing a public beach.

Finally, I think the law should be more specific. Security is a big issue in DR now at day!

 

[sokitoumi]

so basically you are against fencing apart from your own back-yard

 

[AK74]

As soon as "private" beaches are insitutionalized the concept will begin encroaching and very soon there will be the same situation as in NY on Long Island Sound , where of nine beaches eight are "private" and for the whole Upper Manhattan, Bronx, Upper Queens, Yonkers, Mount Vernon and New Rochelle (in total roughly 10 miliion people - same as DR) there is left only one "public" beach - small Orchard Beach that is now because of that nothing else but a dump of trash, junk, cans, beer bottles, nails, dirty cloth, condoms, dead fish and such. So to touch the water on a hot day people have to spend two-three hours in traffic going to Jones Beach. Those luckies who have cars and can afford price of gas.

But it will happen to DR too, sooner or later. Money will get it done. Hopefully we will be able to die without having to see "private" beaches in Dominican Republic.

I don't agree with the law. I think it's should be revised. When construction started in my house a few years ago, a lot tourists and fishermen cut through my property to get to the ocean. At that time it was Okay, but now that the house is finish it has become a problem. Even though, the house is finish and is gated people just walk right through without asking. I had to hire a guard for a few weeks to stop the traffic. I understand now why most properties in DR are so guarded and so fence-up. I don?t like fences, but due to the problem I had to closet three sides of the property. The back of the house which is oceanfront I have no plan to fence because I hate to block the beautiful view. A few months ago we caught a guy walking away with a chair from my back yard.

So security is an issue in some places. You wouldn't want a stranger walking in your back yard. Anyway some places like where my house is there is no beach just the Atlantic Ocean and it?s almost impossible to get to the water because of the rocks.

In my opinion there should be private and public beaches. There are some places where there are just private houses and was point of having strangers in your back yard. On the other hand, there are a lot beaches that has always been known as public and should remind that way. For example, I love Sosua beach and I can?t think of it being fence-up.
I?m totally against fencing a public beach.

Finally, I think the law should be more specific. Security is a big issue in DR now at day!

 

[MikeFisher]

As soon as "private" beaches are insitutionalized the concept will begin encroaching and very soon there will be the same situation as in NY on Long Island Sound , where of nine beaches eight are "private" and for the whole Upper Manhattan, Bronx, Upper Queens, Yonkers, Mount Vernon and New Rochelle (in total roughly 10 miliion people - same as DR) there is left only one "public" beach - small Orchard Beach that is now because of that nothing else but a dump of trash, junk, cans, beer bottles, nails, dirty cloth, condoms, dead fish and such. So to touch the water on a hot day people have to spend two-three hours in traffic going to Jones Beach. Those luckies who have cars and can afford price of gas.

But it will happen to DR too, sooner or later. Money will get it done. Hopefully we will be able to die without having to see "private" beaches in Dominican Republic.

AK,
today i am in a huge agreement with ya, yeap.
at the moment the dominican constitution starts to have 'private' beaches it will take a very short period of time til the island will have not even one public beach left, it would be the worst to do in my eyes.

if you have a beach property and do not wanna put a hig wall or fence with a door to it's beach side, which would for myself be a reason not to live on the beach, no beach view from the veranda/living room means i don't live on the beach, i would recommend to keep thos 'chair steeling unwanted visitors out by a lower fence with a well trained 4 legged weety patroulling inside, you still have the undisturbed ocean view, can walk straight there for a beach stroll or swim, and sure nobody will walk in or throu.
it is a delicate theme to change/how to change such a law,
the free access to Their Beaches is a old basic right of every Dominican Citizen.
i would call my president/governing party to hell on the next elections if they would take away one of the basic rights in my homecountry just to secure the "free Ocean View" for people(and most would be foreigners/resort areas and private ones) who have the bucks to purchase there.
of course on the other hand the security of those properties have to be secured, any property owner has the right to live on his property safely and also to defense himself and his property against intruders.
where Ocean front property is declared/sold as such private property there always should be the obligation to leave a walking path so public can access the public beach without the need of crossing over private property.
i've been told(and don't know if such is true or somewhere written in law's letters) that such beach access for the public has to stay open when somebody closes his private property on the ocean front.
i am sure our bord lawyer Mr Guzman will join in again soon when the time permits to tell us the legal facts on such.
Mike

 

[Fabio J. Guzman]

I'll repeat what I posted some time ago.

The law quoted above 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 increased over the years reaching the present 60 meters in 1968.

The phrase "salvo los derechos de propiedad que al presente existan", which I translated as "except for those property rights in existence", refers to rights existing in 1920. The issue is very interesting legally but very complicated for a general discussion here in this forum. Suffice it to say, that for various reasons it is very difficult for any hotel owner today to be able to claim rights from 1920.