ACCESSING THE BEACH THE BARBADOS EXPERIENCE

1
ACCESSING THE BEACH THE BARBADOS EXPERIENCE

• Timothy O. Maynard
• Principal Legal Officer
• Ministry of Housing Lands
• BARBADOS

2
Background

• Barbados - small densely populated country of 430
  square kilometres
• PLANTATION ERA - Ex-slaves were relegated to rab
  lands and coastal lands - seen as barren and
  uneconomic. Often described as hot mosquito
  lands.
• TODAY - High demand for coastal lands over the
  last 30 years - particularly in relation to the
  best beaches.
• Lands used for private residential development
  and tourism related development e.g. private
  villas, hotels offering all-inclusive packages.

3
THE PROBLEM

• Limited supply of lands
• Largely out of the reach of the average
  Barbadian.
• Many beach front properties owned by
  non-nationals.
• Lack of unhindered access to public beaches -
  Question of culture and identity
• Obstruction of old rights of way fencing in of
  lands placing of boulders
• Captured in calypso.
• Blocking of sea views (windows to the sea) .
• Problem has grown more acute over last 10 years -
  The Ombudsman 1999

4
GROWTH IN ACCRETED LANDS

• Number of beaches have expanded considerably over
  last 25 years owing to accretion.
• Landowners have moved to claim them by e.g.,
  fencing, in order to prohibit public access.
• Some beaches can be quite extensive - One beach
  has increased by more than 26 000 square metres
  in 28 years another by an acre.
• Staggering increase in property value

5
COMMON LAW OF ACCRETION

• Lands above high-water mark belong to the
  landowner provided the accretion was gradual and
  imperceptible.
• Sometimes coastal authorities are unclear whether
  or not they are trespassing on private lands
• The exercise by landowners of private rights of
  ownership over accreted lands sometimes may
  conflict with coastal policy of preventing
  development in active beach zone.

6
GOVERNMENT POLICY / ACTION

• All beaches are or must be public
• Where necessary accesses must be provided by
  compulsory acquisition
• Note that not all beaches are public because of
  doctrine of accretion
• Town Planning controls
• New development must provide for public access /
  subtle encouragement
• New development or redevelopment must provide
  greater visual space and windows to the sea
• Stop / Enforcement notices to prevent
  unauthorised development and to enforce setback
  limits - No fencing without Planning permission
  (1995)

7
LEGISLATIVE REFORMS

• I am of the view that there is an urgent need
  for local legislation which should be well
  publicised to determine who owns the beach, wet
  and dry and what rights and responsibilities
  accompany that ownership. The Ombudsman

8
PROPOSED ACCRETION ACT

• It is expected that this Bill will, inter alia
• (a) define beach - See Coastal Zone
  Management Act, 1998
• (b) define what are accreted lands
• (c) make all beaches public up to a limit of 500
  metres landward
• (d) create a register of all accreted lands
• (e) recognise the Constitutional duty to pay
  compensation to displaced landowners

9
COMPENSATION

• It is a fundamental rule of law and
  Constitutional principle that where lands are
  expropriated by the State that reasonable
  compensation is payable.
• However, what should be the measure of
  compensation in this case? Should this be market
  value or a nominal value should the cost prove
  extremely high in a Barbadian context?
• Cf. Tenantries Freehold Purchase Act where
  landlords were compelled by law to sell tenanted
  lands at 1.00 per square metre

10
THE WAY FORWARD

• This issue of accessibility to and ownership of
  beach lands will not go away overnight. It is a
  long term matter owing largely to the clash of
  realities
• Scarcity of affordable coastal lands VS Need to
  protect private rights while encouraging direct
  and indirect foreign investment.
• Several questions remain that would need to be
  tackled by policymakers

11
THE WAY FORWARD

• Do Barbadians and tourists wish private beaches
  several of which adjoin hotels that offer
  all-inclusive packages?
• Would a culture of private beaches create a
  feeling of alienation and dispossession among
  Barbadians in such a small densely populated
  island? 
• Will a proposed Accretion Act damage the tourist
  product by limiting the attractiveness of
  owning beach front lands?