Who Owns the Beach? Part 2 – Quieting Title: Beach Highlands

private-beach

This is part 2 of a series of posts on beach access in Walton County, Florida

One of the events that brought the beach ownership issue to the forefront was a suit to quiet title (that is, to determine judicially that a certain party or parties have clear title to a parcel of property) brought by several homeowners in Beach Highlands.

The suit revolved around the plat of Beach Highlands, recorded in 1960.  (Plat Book 3, Page 47).  It showed an area south of the gulf front lots that was simply designated as “beach.”  At the time, the entire property was owned by the Beach Highlands Corporation.  The dedication, which was approved by the county commission “for record,” read as follows:

The undesigned [sic] corporation is duly organized under the laws of the State of Florida and the owners of the real-estate included in this plat, do hereby authorize the same to be recorded in the public records of Walton County, Florida and do hereby dedicate for public use all streets, alleys, roads and public places as shown on said plat.

(emphasis added).

The property owners whose lots abut the beach sued the Beach Highlands Corporation (which was dissolved in 1967) to establish that they own the beach to the mean high water.  Because the Beach Highlands Corporation is long dissolved, and because none of the members of the last known board of directors is still living, the court appointed an attorney ad litem to represent the corporation.  That attorney simply admitted the allegations of the complaint, resulting in the court granting summary judgment to the beach front owners.  In essence, the suit was unopposed.

In 1978, Leon Bishop, a former Secretary of Beach Highlands Corporation (already dissolved at that time) executed and recorded an affidavit in the official records of Walton County.  (Official Records Book 141, Page 112).  He stated, as a former member of the board, “That the corporation owned the said strip designated as beach and that the said area was intended to be dedicated and was dedicated to the mutual common enjoyment of the purchasers of lots in the said subdivision.”  The affidavit also stated that the lots in Block F (on the beach) were sold as water front lots, “and that it was the express intent of the said corporation in the plat dedication that the owners of said lots have an unobstructed view of the Gulf of Mexico and that nothing be constructed on the said beach strip and no acts or omissions be taken by any one to prevent the owners of said lots from full use and enjoyment of the beach area forever.”  That affidavit, along with several deeds referencing the mean high water, formed the basis for the judge’s determination that the owners of the lots along the beach owned to the mean high water.

Because Walton County was not named as a defendant in the suit, the court’s determination does not resolve the issue of Walton’s County’s potential rights in the property.  Based on the dedication language quoted above, Walton County may well have a claim that the plat dedicated the beach area to the public for public use.  Among other facts, there are no places on the plat that could be considered “public places” other than the area labeled “Beach.”  Florida law holds that language in a dedication should be construed against the dedicator and in favor of the public.  In Hollywood, Inc. v. Zinkil, 403 So.2d 528 (Fla. 4th DCA 1981), the court determined that a remarkably similar dedication was intended to dedicate the beach in question to the public.  The City of Hollywood provided other evidence of intent to bolster their interpretation of the dedication:  sales brochures, advertisements, statements to the press, and so forth.  Whether that type of evidence is available regarding Beach Highlands is an open question.

A dedication also must be accepted by the County.  The roads in Beach Highlands are maintained by Walton County, so presumably at some point in time the county commission accepted this dedication.  Under Florida case law, acceptance can be shown by public maintenance and use of a portion of the area dedicated by the plat.  Indian Rocks Beach South Shore, Inc. v. Ewell, 59 So.2d 647 (Fla. 1952).

Without further investigation, it’s impossible to tell how likely it is that Walton County could succeed in establishing that the plat of Beach Highland dedicated the beach to the public.  But Walton County owes it to their constituents to perform that investigation and, if warranted, to pursue their rights in court.