lord1234:
per Mass(and Maine) state common law, when you own beach property you own the land all the way to the low water mark....only 2 states in the US that still do this..
I own 100' of beachfont on New Bedford/Buzzards Bay and this was news to me! We always just ignore strolling "trespassers" unless they come up over the seawall and wander across our lawn.
The New Bedford Standard Times had an interesting
article on this last week.
"With the Colonial Ordinances of 1641-47, Massachusetts legislators transferred ownership of the intertidal zone -- the wet sand area between the high- and low-tide water marks -- to private landowners."
"Careful not to hurt those who relied on the beach to make a living, colonial legislators reserved the right for the public to access the intertidal zone for three purposes: fishing, fowling (hunting birds) and navigation.
Massachusetts courts have broadened the scope of these three activities to include "natural derivatives" of these uses, such as shellfishing, unloading of boats and bird-watching.
The courts have also made it clear to the public that strolling, sunbathing and other types of recreation are not allowed on private beaches. While swimming is permitted in the intertidal zone, swimmers are not allowed to touch the bottom with their feet.
Swimmers, boaters and fishermen are also required to enter and exit the intertidal zone through public access paths and roads.
Massachusetts is one of a handful of states, including Maine and Delaware, where private landowners control the intertidal zone.
In California and other states, private property rights end at the high tide line,.."
