Private beaches in DR - ?

[AK74]

Hi, everybody!

For many years I believed that according to the Dominican laws in this country all the beaches are public, never can be "private" ones by default. (60 meters requirement/rule)

But recently I heard from two persons already that they were told by securuty guards to leave a beach (North Coast), that it was "private".

Anybody in the know can update on the legal situation with beaches please?

[sokitoumi]

could you tell us which beach is invloved-the theory of no private beaches is good but who wants to argue with someone with a gun when one is wearing a thong

[AK74]

Originally Posted by sokitoumi

could you tell us which beach is invloved-the theory of no private beaches is good but who wants to argue with someone with a gun when one is wearing a thong

It does not matter which one in particular. It could be near property of a DR.1 member, for instance. Or maybe not. Not important.

The question was about the LAW. Was it ever changed/amended/loopholed? Or those people just chase away people from some beaches to create themselves privacy illegally?

The question was about an applicable law only.

[sokitoumi]

we need factual accounts - ive never been turned off a beach here even at sea horse ranch...lol

[J D Sauser]

That would be an interesting topic on the "Legal" Forum.
Actually, I believe to understand that the 60m limit is about edification easement. Then, we'd have to discuss what an edification is, is it a house, a home, does it include a gazebo or bbq or pool, a wall even even just a fence.
I also seem to believe to understand that access to the Nations waters has to be guaranteed... but is access really including the unfettered use?

You can constantly see "beach"-properties and land or plots offered for sale... some don't even have 60meters of depth.
What do titles say / what can they say... is land inside the 60meters easement even private at all and can it be sold (can title be obtained?)?
If not, is it automatically property of the State... and can the State sell it at all (can it be made private) and if so, how much privacy would that mean?


... J-D.

[AnnaC]

J-D I agree therefore I'm moving this to the legal forum.

[jrzyguy]

I've had a similar situation in quayacannes. There is about a mile of beach that is lined with nice bungalos etc. I have been approached by men on horseback and with shotguns and machetes that seemed rather threatening at first...but luckily i was with a dominicano who eventually got things straightened out.

It still sorta sucked tho. I didnt feel comfortable leaving my stuff on the beach (camera, ipod etc).

I hardly looked like a threat to the private property and i doubt that the presence of one gringo and his dominican friend looked like a threat to the bungalos.

I have pictures of this. (jeje...i thought it would be "nice" to take pics of the man on the horse...until he pulled out his guns and started yelling at me)...the guy with the machete was totaly cool tho.

[AK74]

Originally Posted by sokitoumi

we need factual accounts - ive never been turned off a beach here even at sea horse ranch...lol

Me neither. I want to know exactly what the Law says. Just in case. To be preparado. Either to fight or to leave.

[J D Sauser]

Originally Posted by AK74

Me neither. I want to know exactly what the Law says. Just in case. To be preparado. Either to fight or to leave.

If you are being told at gun point that the law won't count at any time or just because it's you, you better not fight and leave, unless "preparado" means that you are prepared to give up your personal safety for the sake of a legal argument.

IF the law really protects the beaches from exclusive private ownership, the few who will (be able to) claim ownership and exclusive privacy anyway, won't be fought by you or the law... as they will most likely be above it and enough to fight your fight off permanently if need and get away with it.

Still, I would be interested to read legal opinions about your question as well as mine to the subject.

... J-D.

[AK74]

Of course I will leave at gun point.


"Preparado" only means to be able to tell the person who demands that I leave that by law I can be on this beach. If the person in question wants confrontation - I will leave of course and report to Ministry of Justice and to the regional police headquarters about the incident. I think it is all that I can do in this country.

One of the two situations happend in Playa Dorada. Second or third hotel to the left from the main entrance to the beach. First the couple was told by sec guards/beach workers not to take chairs that is OK. But at 6 p.m. they told them that beach is closed and they must leave. They left.

BTW, sometimes guards in Casa Marina do not allow to go down to Playa Alicia in bad/rainy weather when flag is red to people who do not even stay in Casa Marina. And yes, it happened to me personally several times.

Originally Posted by J D Sauser

If you are being told at gun point that the law won't count at any time or just because it's you, you better not fight and leave, unless "preparado" means that you are prepared to give up your personal safety for the sake of a legal argument.

IF the law really protects the beaches from exclusive private ownership, the few who will (be able to) claim ownership and exclusive privacy anyway, won't be fought by you or the law... as they will most likely be above it and enough to fight your fight off permanently if need and get away with it.

Still, I would be interested to read legal opinions about your question as well as mine to the subject.

... J-D.