(CNS): Beach access problems for developer Morne Botes and his partners in relation to Boggy Sands Club took another turn for the worse after Chief Justice Margaret Ramsay-Hale ruled that neighbouring landowners have the right to erect a gate to stop guests staying at the resort from trespassing. The developers have faced right of way and access issues ever since the condo club was developed and promoted as having direct beach access to this stretch of Seven Mile Beach in West Bay. At one point, Botes joined local beach activists to campaign for better public access to all beaches on Grand Cayman because his luxury development was undermined when the access point to the nearest beach was closed off.
In the end, given that there was no right of way through existing private access points, Botes and his partners purchased a separate beachfront lot further north from the Boggy Sands Club site to fulfil their sales promise of beach access. However, many of the owners of these condos are overseas residents and unaware of the beach access problems associated with the development. Most of the properties are rented out through Airbnb and other accommodation websites.
Guests are also unaware of who owns what and where the rights of way are. As a result, they have been using private land to access the beach. Boggy Sands consists of three lots, but legally only what is known as the Pool Lot has a right of way along Windsong Villas Drive.
There is no right of way for either of the land lo.