Recruitkim

Is there such a thing as a "Private Beach" in NYC?

Rate this topic

13 posts in this topic

Posted (edited) · Report post

Is there such a thing as a privately owned beach in NYC? Or is it all public land?

 

While scouting I did see a sign that said "No Trespassing", however I am 90% sure this was just a sign put up by some disgruntled home owner in an effort to scare away people who have every right to be here. 

 

Am I allowed to fish in the BLUE area?

 

queens.png.178f215510814aec44e86b75197ff33b.png

 

 

Edited by Recruitkim

Share this post


Link to post
Share on other sites

its federal land permitted to a co-op (Roxbury), you can fish there no problem but can't park anywhere over there unless you know someone who lives there.

Share this post


Link to post
Share on other sites
7 mins ago, bananaboat said:

its federal land permitted to a co-op (Roxbury), you can fish there no problem but can't park anywhere over there unless you know someone who lives there.

thanks bananaboat

Share this post


Link to post
Share on other sites

As far as I understand(could be wrong). All ocean beaches in NY state are public. If you can access the beach you can be on it.

Share this post


Link to post
Share on other sites

Posted (edited) · Report post

The answer is yes, under very limited circumstances (rights to the bay bottom was conveyed in a colonial grant and carried forward in conveyances since then (See People v. Kraemer, 7 Misc. 2d 373 (1957) (right of navigation does not allow person to leave boat and walk on bottom when rights to such bottom were conveyed in a colonial grant)), but those are very few and far between. 

 

Generally, if you are below the high tide line, and didn't have to cross any posted property above tide line to get there, you are legally entitled to be there.  (See Smith v. New York, 153 A.D. 2d 737 (1989) (anglers may enter upon the foreshore at Prybil Beach and ajacent areas, despinte the objection of a property owners' association)

 

Having said that, don't depend on local law enforcement officers to know all of the ins and outs of public truct doctrine and access to the foreshore, and of those who do know, don't expect all of them to care.  Some will act to protect local landownders, even if you are legally entitled to be present. 

 

So even if you have a right to be there, it's possible that a law enforcement officer may ask you to leave,  If you chose not to leave, you could be cited for trespass, although there is a good chance the charge won't hold up in court.  Up to you whether it matters to you enough to make an issue out of it, should problems ensue.,

Edited by CWitek

Share this post


Link to post
Share on other sites

The amount of **** you are going to get for being there from local coop members will not be worth the effort. Unless stirring up trouble is a good time for you I'd skip it. 

My in-laws have houses at Breezy and I can't even really go park there. The locals are going to raise hell and quickly zap any enjoyment from the trip. If you do give it a go though, please do update :). When I first moved to Brooklyn in '05 I was trying to find Tilden to go swimming and ended up there. The threats started pretty much immediately.

Hopefully we can get 2020 parking permits before too long....

 

Share this post


Link to post
Share on other sites
21 hours ago, bananaboat said:

its federal land permitted to a co-op (Roxbury), you can fish there no problem but can't park anywhere over there unless you know someone who lives there.

Owned not permitted. Minor correction.

Share this post


Link to post
Share on other sites

Posted (edited) · Report post

On 5/26/2020 at 11:51 AM, CWitek said:

The answer is yes, under very limited circumstances (rights to the bay bottom was conveyed in a colonial grant and carried forward in conveyances since then (See People v. Kraemer, 7 Misc. 2d 373 (1957) (right of navigation does not allow person to leave boat and walk on bottom when rights to such bottom were conveyed in a colonial grant)), but those are very few and far between. 

 

Generally, if you are below the high tide line, and didn't have to cross any posted property above tide line to get there, you are legally entitled to be there.  (See Smith v. New York, 153 A.D. 2d 737 (1989) (anglers may enter upon the foreshore at Prybil Beach and ajacent areas, despinte the objection of a property owners' association)

 

Having said that, don't depend on local law enforcement officers to know all of the ins and outs of public truct doctrine and access to the foreshore, and of those who do know, don't expect all of them to care.  Some will act to protect local landownders, even if you are legally entitled to be present. 

 

So even if you have a right to be there, it's possible that a law enforcement officer may ask you to leave,  If you chose not to leave, you could be cited for trespass, although there is a good chance the charge won't hold up in court.  Up to you whether it matters to you enough to make an issue out of it, should problems ensue.,

Awesome summary!  Read a bunch of legal papers and these were some of my confused takeaways.  Ive been trying decide what risks I'm willing to take to get away from the city crowds this season.  

 

Does anyone know what rights property owners or the state or city has for building physical barriers to access that extend below the high tide line? I can understand denying access around say an electrical plant or shipping dock but what about a wall of pilings like this. Can easily wade around them at low tide but would crossing the adjacent private boat ramps and under docks count as trespassing? The sandy area on the left is a public park.

 

5ed2db811634e_ScreenShot2020-05-30at6_17_06PM.png.70fde6ff774c696a451c0561ac80272b.png 

 

 

Edited by Bait Tailer

Share this post


Link to post
Share on other sites

Sign wasn’t put up by disgruntled homeowners rather the board and the private security for breezy point coop (dinks). Don’t bother during the day because a lot of people swim on the bay and at night the dinks do there usual rounds and some people have property on the bay and might call on you for “suspicious” activity in their backyard. I have family there and I won’t bother to fish in the Irish Riviera just a headache waiting to happen...

Share this post


Link to post
Share on other sites
2 hours ago, cheech said:

Private or not, if you arrive by boat you have legal beach access up to the high water mark.

On the other hand, if you've got a boat, why do you care about accessing the beach?

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to register here in order to participate.

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.