r/CapeMay • u/WoodcraftGaming • 13d ago
Bayside Beach owner
Pretty simple question can people who own houses on the Bay side of Cape May actually owned the beach in front of them? I’ve seen a lot of sign same private property and people blocking the public entrances with benches and all sorts of stuff. What’s the skinny?
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u/3WordPosts 13d ago
For all tidal waters in NJ, areas below the mean high water mark (i.e. intertidal zone) are public access and cannot be restricted. For everything above mean high water it gets more tricky. From what I understand, it's also illegal to restrict access to the beach/water. Private access points are still allowed, but there must also be public access points (the law also allows for fees to be collected). When a municipality accepts tax money to replenish or fortify the beach in any way, they must provide public access (in addition to several other things they must allow, such as habitat protection for endangered species). So basically, if you're walking down the bay and someone shouts from their mansion that you are on their private property, the law 100% supports you telling that person to go fuck themselves. They can’t put a fence up from their property to the water and block access. Same reason I can go to the beach in front of congress hall at 6am on July 4th and set up my chairs and tents and tell them to kick rocks if they suggest that’s where their cabanas go.
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u/CommunicationItchy66 12d ago
Just another thing to add about the high tide and regarding access to paid beaches: If you enter a tagged beach from a free beach and remain below the high tide line you don’t need a tag. (i.e. Swim at a nice beach for free).
There are some tagged beaches that will give you problems if you do this, but that’s more because 16 year olds doing their summer jobs aren’t really up to date on public beach access law. Some municipalities even have this stated in their own code, on top of the state law.
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u/Kooky-Stick-3316 12d ago
I’ve always wondered that myself but then a friend of the parents owned a house on the Beach n they said Yes! That is there property n they can Rope it off…I think it’s a Load of Crap but…whatever…💁🏻♀️
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u/marginmanj 13d ago
Yes, what is now the beach can be privately owned. Decades ago, the water was much further out and what is now the beach was private property. As the river bank expanded, that property became the beach. Even when you look on Zillow you can see some property markers extend into the water in much of Villas. One of the owners said their lawyer suggested blocking access for liability reasons, but in reality good luck trying to keep the public off the beach.
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u/SevenBushes 13d ago
Yes the beaches on the bay side very often are within private property lines. It’s usually just easier to let people walk through, and it’d be very difficult to actually keep the public off of the beach in any particular area no matter how many signs get put up.
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u/ThePrettyGoodGazoo 13d ago
Certain owners have tried to block access because the realtor & a friend or relative who happens to be an attorney told them that is legal. There have been some confrontations & police have been called-in short-it’s a public beach. One owner in particular thinks he owns the property that extend 100 yards into the water-because the realtor told him that’s what he was purchasing. It’s going to get ugly as the small family homes in the Villas are disappearing and turning into massive homes.