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The issue here from what I can surmise is that the map from 1909 shows all the properties both ocean side and pond side as one single subdivision. It shows equal sized lots on both sides of the road, and the property lines of the ocean side lots essentially end at the dune base and are not drawn to the ocean. Instead it says beach. Subdivided properties are considered created at the same instant, meaning there is no legal superiority to the lots beach side. Also on the map are the right of ways, likely deeded to the pond side residents to access the "beach" portion of the map. Because what else would they be used for? The ROWs are for the pond side residents and the ocean side residents to use the beach in front likely as a shared area, not public, but deeded to that group of homes. The pond side group of homeowners is getting a raw deal from this case.
In regards to fishing, it sounds like the ROWs were never public. But the right to fish below MHW continues.
Posted from my iPhone/Mobile device
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