Legal Question in Real Estate Law in California

Re: Private vs. Public Street

There is an important legal theory known as the "public trust doctrine" which holds that the oceanfront, the shoreline of navigable waterways, etc. belongs to the public as a whole and that the state government holds such lands in trust for the people. Public trust lands can be leased but only for purposes that benefit the public. Private title to tidelands is not possible under the public trust doctrine. In California, we have a Coastal Zone (larger than the public trust area,to be sure) and a Coastal Commission with a mandate to protect whatever it views as the public interest in management and preservation of coastal areas. The Coastal Commission has used its power to enforce the public trust doctrine, as have other conservation and public-interest agencies.

I cannot say for certain what is motivating your developer or homeowners' association, but very possibly they are yielding to pressures brought (ostensibly or covertly) by a public-interest or environmental group, or the Coastal Commission, to enforce the public trust on your beachfront. Protection of the public interest can include a requirement to establish public access.

You should demand an explanation in terms you can understand from the developer. Keep the public trust concept in mind during any such discussion; this may make it easier to comprehend the developer's explanation and its position.

If you are dissatisfied with the explanation, you (perhaps sharing cost with other concerned property owners) should consult a local attorney with experience in real estate and environmental law.

I also recommend reviewing all the documents relating to your purchase of your property--not only the deed and the CC&Rs, but any sales literature, anything describing the overall plan of development, etc. to see whether the developer made proper disclosures and is following his announced plan of development.