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East Beach Properties Ltd. v. Taylor

In consolidated cases involving a dispute over the permissible use of beach easements, the trial court properly found that the burdened land could only be developed subject to the rights of the easement holders, despite accretion of the property.

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The land involved in this case has been the subject of litigation for over 30 years. The case involves a dispute over the extent of the permissible use of easements owned by lot owners in the East Beach subdivision of St. Simons Island, Georgia. The easements have been previously defined by our Supreme Court in Smith v. Bruce1 and Bruce v. Garges.2 Several suits concerning the use of these easements were filed and consolidated in the Superior Court of Glynn County. The trial court entered a judgment as a matter of law, and several parties appeal. The consolidated appeals are decided herein.

In Smith, the Supreme Court held that the then owners of the underlying fee, part of which is now owned by East Beach Properties, Ltd. and part by Glynn County, owned the land between the street that ran along the subdivision and the mean high water line, subject to the rights of the lot owners of the East Beach subdivision. The Court held that each lot owner owned an easement “to use such open area as a soft beach for all recreational purposes soft beaches can be used for, and as a means of ingress and egress from the subdivision lots and streets to the smooth, hard beach area and ocean.” Smith, supra at 142 1.

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