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Property Law Keyed to Cribbet
State Ex Rel. Thornton v. Hay
Facts
The State in this action has sought to enjoin the Defendants from constructing fences or barriers on “dry sands” areas of the beachfront, which is adjacent to Defendants’ property. The Defendants concede that all areas of the beach that lie seaward of the mean high tide line (“wet sands” area) are a state recreational area as defined by statute. The dispute centers on the sandy area between the edge of the vegetation line (falling generally on the sixteen foot elevation line) and the high tide line. This area is called the “dry sands” area of the beachfront. The Defendants assert a right to build fences or barriers from the edge of the vegetation line to the edge of the mean high tide line, which would effectively keep the public from entering those fenced areas. The lower court found for the state on the basis of a prescriptive easement, and permanently enjoined the Defendants from building any structures on the dry sands area of the beachfront. The Defendants appealed.
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