Rentals in Panama City Beach>Question Details

Pcblover, Other/Just Looking in Panama City Beach, FL

A developer says he kept the beach service rights for 30 years. I am trying to find out if that is even legal since the owners own the beach.

Asked by Pcblover, Panama City Beach, FL Sat Feb 18, 2012

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This is True. Several Condos in our area the developer kept the rights to the land and you pay a land lease on it or the HOA does. Reflections in Bay Point is one Marriot owns the land, the pool the beach area. you have to pay $900 a year to use any facilities on the property, The condo does not own it. Fountaine Blue is another one that a lot of owners have to pay a land lease along with their HOA. People dont realize this till they buy them then it costs them between insureance, taxes, HOA and land lease about $700/mo before any note on a $50000 Condo.
1 vote Thank Flag Link Sun Feb 19, 2012
Pcblover,

I am not sure what you mean by service rights but in Florida our Constitution allows for public use of all beaches. The line of demarcation between public and private land is the mean high water line. The State of Florida owns the property from this high water line out and the use of that beach is the right of the public. However, access to these areas through private property can be controlled by the owner. Private use of some beaches can be mandated but only when not contrary to the public interest and that would be a very rare circumstance.


I hope this information is helpful but if you need anything additional please do not hesitate to give me a call.



Always at Your Service,


Tom Priester e-PRO
"Results Driven Real Estate"

Keller Williams Realty
561 308-0175
tom@tompriester.com
Web Reference: http://www.tompriester.com
1 vote Thank Flag Link Sat Feb 18, 2012
I agree with Tom Priester below. I wouldcheck your Condo docs to see what they say in regards to this.... some developers do this as a way to maximize their profit line on a development as some also retain the right to manage the association. If there is any further questions or discussion you would like to have with regards to this or any real estate matter, please feel free to contact me.

Regards,
Lilia
0 votes Thank Flag Link Sat Feb 18, 2012
You'll need an attorney to advise you. The Developer surely has his own attorney that has verified his ability to exclude ownership of the private beach...
0 votes Thank Flag Link Sat Feb 18, 2012
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