Question about 'Beach Rights'
 

There seem to be people that live near Winni that don't have beach rights (count me in this group) and others that have it but never utilize it. Other than buying a house with deeded beach rights, is there any way to lease the rights from someone?

Well you could join the Akwa Marina Yacht Club ..... I personally have not visited but have been led to believe it is very nice....

There are also public beaches dependent on the town in which you reside.

As for "buying rights" into an existing community I wouldn't think that would be feasible.

On the other hand there are lots etc. in some communities which you could by that would give you the access rights you are looking for.

There isn't a universal answer to your question. Some rights could theoretically be leased or assigned, while others might prohibit that (my guess is that most would prohibit reassigning these rights).

IMO, "beach rights" is a realtor marketing term for gullible people. Most of the time it just means you have access to a relatively small town or community beach, which may not be all that accommodating. Often times these beaches are also not patrolled or enforced anyway.

Is there a specific beach you were interested in? Are you just looking for a "guaranteed" hangout spot, or did you want something more specific with regards to beach rights? (eg: kayak launch).

My personal casual observation is that if you are highly interested in some sort of reliable beach access your best option is waterfront ownership, or membership in a club that has controlled access to a suitable location.

My beach rights are a bit more than a marketing ploy, they are deeded, as are most beach rights that I know of.

Beach Rights
 

I am not an attorney, and I am not a waterfront owner, but I think you would be entering "murkey waters" (no pun intended) trying to do whatever it is you are trying to do. The State tries very hard to control both access and use of the Lake, and this extrends to moorings, docks, and waterfront lands.

I am not fluent in the laws and regulations associated with this subject, but I would proceed very cautiously in what I did, and make sure you are in compliance with all local and State regulations.

beach rights
 

Per the centerharbornh.org site. But I have never been asked for proof of residency.

Center Harbor Town Beaches


The Center Harbor Town Beach on Lake Winnipesaukee is for the use of Center Harbor and Moultonborough residents and guests ONLY per Town ordinance 2:4:1:1 adopted in March 1973.

The Center Harbor Town Beach on Squam Lake is for use of Center Harbor residents and guests ONLY per Town ordinance 2:4:1:2 adopted in March 1985.

Beach Rights
 

Our former home in Laconia was part of the Plantation Beach Association. Those homes, (as well as the Sundown Condos adjacent to St Helena's Church), have deeded beach rights to a very nice beach on Pendleton Road. As an association, we were always very diligent, (strict), in ensuring that anyone who was using the beach was either a property owner, a property owner's guest, or someone renting an Association home or condo for their vacation. Those were the by-laws of our Association. I've never heard of just the "Beach Rights" being rented....

We looked at a community with some of the best beach rights - in my opinion - on the lake. We were going to purchase land just to get the beach rights. When reading the community's rules and regs we found that a property owner HAD TO ACCOMPANY anyone using the beach. Apparently some of the owners were a little generous in letting friends and family use the beaches and the association changes the rules to deal with it. I suspect if anyone started leasing out beach rights it wouldn't be that long until the rules were changed.

Deeded Rights
 

If you had deeded beach rights no association could unreasonably deny usage.
I doubt a guest at my home could legally be prohibited from using a beach that had rights too. Sure they can pass all the rules they want but good luck trying to enforce it.

Pretty much all of them are "deeded", but the beaches are rarely easy to access relative to the property, nor are they sized to handle everybody with a deeded right to access them.

Advertising them as as "deeded" is part of the ploy, makes it sound more official. But you have 200 homes sharing access to 400' of beach. Enjoy your 2' slice of sand...

Yes, there are *some* places that actually have private well maintained beaches, but the ratio of deeded beach rights in this area to actual beach shoreline is probably 10 to 1.

Can a holder of deeded beach rights legally sub-lease or assign said rights to a third party, in essence allowing the 3P to "step into his shoes?"

I think that is the question.

We left Suissevale because our deeded rights to the beach meant waking up at the crack of dawn and staking out a spot on the beach before the sun was even up. And god forbid you set up too near the long-timers tables. They'll steal your towels.

It's too bad, really, because it's a well maintained beach and they have a nice carnival thing on the Fourth. It's just too crowded to be enjoyable.

We bought waterfront. It's tiny and old and seasonal but it's all ours.


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My family looked at a home on Newfound and that property had a very nice beach. Three surrounding properties had deeded rights to use it. One property didn't have a house on it (weird), another was abandoned of sorts (family feud), and the third appeared to be year rounders. This meant that our would be property could be used by others who had no financial liability and we were worried about general safety liability. That was one of the cons for that property.

The property that we settled on has a deeded right of way for one house that allows them to access a small spot of our 375 feet of shoreline. They are elderly and I doubt they'll ever use it but the next occupants may want to.

So there are deeded rights to a beach like Suissevale or deeded access rights on somebody's property.

Sounds like deeded access matters only if the number of people with deeds doesn't exceed the space that is deeded.

Beach Rights in Gunstock Acres (Gilford)
 

Nearly all of the lots in Gunstock Acres have beach rights associated with them. When you buy a lot, you obtain beach rights to the Gunstock Acres Beach, which is just West of the Samoset Condominium on Route 11.

Entrance is on the common road shared with Samoset, but you veer to the left and come to an electric gate- only lot owners who have paid their $75 per year assessment get 2 activated gate cards. When a property sold, the gate cards should be turned over by the seller to the buyer or the new owner has to pay a card replacement fee.

Once past the gate you come to a parking area adjacent to the beach, picnic area with grills & tables, bath house, and a dock on Lake Winnipesaukee. There are also boat moorings available on a waiting list space available basis for an extra charge per year. Plus a dingy to get to and from the moorings. Also racks for storing canoes and kayaks. All in all a very nice facility, but it NOT like an elegant country club.

The whole operation is governed by the Gunstock Acres Common Property Trust, which has an annual budget meeting and an annual meeting, with several trustees elected each year and they run the operation. If you own property in the Acres, other than a very few lots that are excluded, you are automatically a voting member of the Trust.

Suissevale was advertising in the Laconia citizen today to hire security staff for their beach. People take this stuff seriously!

There are 40 homes in our association with deeded rights. We pay about $125/yr to keep the beach maintained, insurance, taxes, etc. . Yes, on some hot summer holiday weekends, it can become pretty crowded but that is the exception rather than the rule. The association is very close knit, very friendly. There is no problem with guests, matter of fact, we all know each other's guests and there are many friendships among us.
And yes, there are a couple of deeded beach rights holders who refuse to pay the maintenance fees each year, but that still have legal access to the beach. Not surprisingly, not many association members "associate" with them.

The State, through DES, controls beach construction due to the potential for erosion shorelines and sedimentation into public waters associated with the landcover and slope modifications involved. Wetlands / Shoreland at DES does not regulate who can use a privately owned beach. The only time that I am aware of us putting a condition on the use of a beach would be when we have permitted new, large public beaches in which case we have put conditions on the permit that the beaches must always remain available to the general public and not become private.

Beach rights
 

Suissevale does have summer security, it's one of the best beaches on the lake, members take pride in their beach and pay a high association fee to keep it that way.. If your lucky enough to get a property in Suissevale for under $200,000 these days your lucky...I saw one for $170 the other day... That won't last long...

We're in Suissevale and I agree with the beach being crowded (usually) on nice or long weekends in the summer. Not so sure about the towel "thing" I've never had a problem and I'm not in the "click" if there is any. Busy is busy and most nice places are on beautiful weekends. I'm sure owning waterfront doesn't compare to any association on the lake. If waterfront was an option for most association owners their beaches would be less busy I'm sure.

Shunning?
 

There are always 2 sides the story. Why do people refuse to pay? I would assume there have a reason? From your comments it sure sounds like the association is more of a clique and you shun those who have a different opinion.

One moved out last year, they felt that because it was deeded to them they were entitled to access, which they are. They just didn't feel that they should have to pay their share of the maintenance and insurance that the rest of us have to pay annually. No clique, no shunning...
The annual assessment fee has been set at just about $125/yr. As with anything, there will always be those who don't want to pony up their fair share.

When our association started we were told we did not have to pay the dues. Our house was built in 1936 and we were told we were exempt from paying. We were there long before there was even a road to get to our place ( we went by boat ). We did not feel that was right thus we pay every year. I think if you use the private road, facilities or whatever it may be then you should contribute.

A lot of Associations will have a clause in their bylaws to deal with the fees or dues that they have. Typically if someone refuses to pay their fair share you can put a tax lein on the property for the amount owed. It does not help to offset the operating costs that everyone else has to cover but at least will give you a way to collect when the property sells. O the joys of Association Living.:)

One possible reason . . .
 

is litigation. If you pay your "dues" you are now a bonafide participant in the property maintained and insured. If someone injures themselves or worse, whether it guest, owner or blow in you are now technically someone that could be additionally sued. If someone accidentally doesn't pay the insurance, whomever partakes in the association is personally liable.

As far as sub letting, it's not allowed in our association. Owners or guests only.

... public beach in Meredith
 

No fee to visit and use: Lake Winnipesaukee beach rights, all around, for everyone, not restricted to Meredith people but includes everyone, including even you; possesses a beautiful soft sand beach, and swimming area, with big lake & mountain views, beach and forest waterfront area.

Leavitt Beach: Meredith Parks & Recreation Dept, about one mile off Route 25, just north, beyond the sign for www.scbnh.org ... at the curve, down Veasey Shore Rd, and not far from the Meredith-Center Harbor line

Beach, picnic area, barbeque, playground, public kayak/canoe launch, public rest room

Open: 10-am to 6-pm, June 24 - August 26

Winter: snowmobile lake access; park your trailer and ride the lake

A large chain link rolling gate that gets rolled across the two-lane paved entry road keeps cars out of the beach area when it's closed. Not too sure about this ... trying to recall ...believe the dirt parking lot and kayak access road is accessible even when the big gate has been rolled closed....so's one can park and walk to the beach.....or launch a kayak....or drive a snowmobile any time when that big gate is closed up? No doubt, the Meredith Police Dept is probably very familiar with Leavitt's Beach.
........

The few times I've visited Leavitt Beach, it has always been empty of any people, which has been a bit of a surprise considering how nice a beach it is. Does Leavitt Beach ever see any big use? The kayak launch, a narrow dirt road of maybe 100-yards length, is a narrow, elevated, single lane, dirt road that winds through a wooded wetlands area with almost no room to turn your car around once you get down to the sandy shoreline where you unload your kayak or canoe.

Pay money for beach rights?..... no-way buddy! ..... this Leavitt Beach is my type of a price ..... no fee for anyone to use... courtesy the Meredith property tax payer!

Now, if only the five mile long Meredith Neck Rd was supported by the local property tax as opposed to the State of NH .... it would not make you feel you are driving .... the road to Hell ..... kaboom?.... oops .... must have hit another pot hole! Such a beautiful public town beach ...... Leavitt Beach .... and such a crappy-wappy, State of NH, un-numbered town road ... all in the same town.....so go figure! ... the Meredith Neck Rd, a highly used, c.5-mile length, local road within Meredith? So's does anyone know....how come the State of NH owns the Meredith Neck Rd? ..... as opposed to the Town of Meredith? .... what's the 200-year history for this odd-ball ownership?.....like, so why does the State own it when they seem to have abandoned it?

What is the legal obligation?
 

Seems to me one would be foolish to belong to an association if the choice existed. I know some associations are recorded on your deed but if they are not then there is no obligation to join? Having said that is there any legal obligation to pay the expenses if you are not a member of the association?

I gladly pay our Suissevale fee. They take care of the beach and other amenities, grade roads, provide water, etc. If everyone does not pay their share, then the burden transfers to those that do.

Ok?
 

I was not taking a position one way or the other. I was simply asking the question of what other folks say about the pro's and the con's of being in an association especially when the liability question came up from another member.

Easy - past due balances accumulate with compounding interest. Once the outstanding balance hits a certain amount, a lien goes on the property. Ultimately, when the property is privy to a transaction the association will collect past dues based on the lien :D As such, don't NOT pay.

Except when the property goes to foreclosure/auction, technically the lien is transferred back to the bank. The association may try to collect outstanding balances from the mortgage holder. Often times it is not successful. The association absorbed the cost.

Yep - extenuating circumstances. Hopefully, if you're living in a second home owner's association than you should not be having your property go to foreclosure. But, with that said, there are other creditors that need to be satisfied as well. Regardless - there are many ways to deal with individuals that do not pay depending on the association they live in. Many associations offer benefits and privileges - these can be revoked pretty easily.

Liablity
 

My questions were about liability and not about payments. I really do not know much about associations and what little I do know I have heard from friends that they are best avoided. I do know that in the state of NH that unless your deed includes the association the association cannot simply place a lien on your property. To do so would be a criminal violation. They would first have to go to court and get a judgement ad then ask the Judge for the lien.

Our "association"
 

is very loose. $25 per year to pay for the insurance and "yearly meeting" aka BBQ. Lawn care and dock maintenance is performed on a volunteer basis. And we are the ONLY ones who maintain the one by our house regardless that we don't use it, but it does effect us aesthetically so we do. The majority of our neighborhood owns homes on the water. The town taxes us all an extra $10k for the use. If someone is hurt etc. and the insurance isn't paid, whomever is sue happy can gather all names and start suing. I'm sure they'll start with the richest on the block . . . this is America, after all.