PUBLIC ACCESS TO THE SHORELINEThrough the years considerable controversy has arisen relative to the public's right to pass along the tidelands that lie between mean high water and the lower tide line. While there is a perception on the part of the public that it is permitted to walk along the shoreline below the high water mark, technically this is not true. Generally speaking, the public has no legal right of access for bathing or recreational purposes. Since early colonial times, the Commonwealth of Massachusetts has recognized the public's limited, legal right of access only for "fowling, fishing, and navigational use." This specific wording originates from a colonial ordinance dating back to the 1640s; that ordinance, in turn, derives from English law pertaining to tidelands. Land ownership, however, may extend no more than 100 rods (1650') from mean high water. Interestingly enough, in some areas of Cape Cod Bay the topography is such that, at low tide is possible to pass legally on the sand flats beyond private properties . Incidentally, with all its bays, estuaries and inlets, estimates indicate that Massachusetts actually has more coastline than the state of California! Since 1966 American Heritage Realty has advised buyers and sellers on wide-ranging real estate issues. Its staff welcomes the opportunity to assist you. |
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