Private Beach Access on Bradley Circle
The “Josephine Driessen Private Beach Access R/W”
Unlike the nearby Driessen Beach Park’s ‘public’ beach-access walkway (which had historically served as the “neighborhood beach-access”); this walkway is ‘private’. Some neighbors refuse to accept that it is a ‘private’ beach-access, or that most properties do not have a legal recorded easement allowing for it’s use (nor is there any neighborhood entity such as an HOA with easement rights).
Conversely, the nearby ‘public’ park contains what is the only legal beach-access for the vast majority of homes on Bradley Circle. Yet in May of 2023, the Town’s Safety Director and staff met on location, and the very same day, he recommended that the Town Manager block what is the only pedestrian access to Driessen Beach Park from Bradley Circle. They did so without prior knowledge of the legal recorded easement agreements or historical use.
Justifications used by the town Safety Director included false claims that “residents, renters and guests have a private beach access” … and that “the gate appears to serve no legitimate purpose”. Town officials were immediately informed of the true facts – including that there were no associated police crime reports in over three decades or regular use; but nothing has changed in over three years.
The importance of this public park access-gate is difficult to over-state. Driessen Park has always been the historical ‘neighborhood park’ and ‘open-space’ for Bradley Circle residents and guests – and the only way to access the ‘public’ beach-access boardwalk located inside that park. It was in-use for this purpose long before the land was purchased by the Town from Henry Driessen (brother of Ms. Josephine) in 1991, with the use of Federal Parks Department funds.
Mr. Driessen made two legal agreements with The Town of Hilton Head to guarantee that this pedestrian park-access (named in his honor), would continue to provide park-access for his sister Josephine’s subdivision (Bradley Circle). It’s purpose is to allow folks to enjoy the park’s open space, park amenities and it’s well-maintained beach-access boardwalk. This access-easement was, in fact, a part of selling agreement with the Town.
To this day, the incredible ‘public’ boardwalk within Driessen Beach Park remains (though wrongfully blocked) the only lawful beach-access for the majority of properties on Bradley Circle that do not otherwise have ‘private’ beach-access. In order to justify blocking access to the ‘public’ park, the Safety Director claimed (without evidence) that “Bradley Circle residents, renters and guests have a private beach access”. He went on to claim that “the gate appears to serve no legitimate purpose”.
So, in order to justify the blocking of the ‘public’ park-access (and denying properties ‘beach-access’ in doing so); they are choosing to disregard not only the recorded easements associated with the “public” park/beach access, but also the recorded easement rights associated with the ‘private’ beach access. This action by the Town is forcing everyone to use the ‘private’ walkway (by default) instead of the ‘public’ park to access the beach – even though most properties do not have an easement to use the ‘private’ walkway (contrary to what the Safety Director claimed).
It does not seem to matter to these officials that the pedestrian-access leading into Driessen Beach Park from Bradley Circle was a dedicated public right-of-way for decades (secured with two separate legal agreements). Nor do they seem to care that residents and guests routinely enjoyed having the ability to visit the park – whether to access the beach, walk with their dogs, ride their bikes or visit the playground with children (among the multiple amenities that this park offers). For over three years now, this Town has chosen to ignore these inconvenient facts.
Similarly, these officials have refused to accept the truth about the recorded legal easements associated with the ‘private’ walkway… as residents and guests of every home (old and new) are now using this private land to access the beach – by default – (one that many properties residents and guests have no legal right to use); and because nobody is blocking them from doing so; like the way that the town is blocking everyone from enjoying the park!
All of this appears to have been initiated by Representative Becker and a small handful of neighbors apparently desiring a more private and exclusive neighborhood for themselves (as much as this is possible -it is not– for a ‘non-gated’ neighborhood located on a ‘public County road’ with several points-of-entry for the general public). “Safety” was never a valid concern – evidenced by the fact that this pedestrian-access gate had ZERO police reports associated with it in over THREE DECADES of regular use. In fact, serious crimes only increased on Bradley Circle AFTER the pedestrian-access to/from the park was blocked!
Add to this, that this is the ONLY neighborhood in all of Chaplin (and on the entire island of Hilton Head, apparently), that is being blocked from it’s neighborhood park. Homes surrounding nearby Chaplin Park, for example, continue to enjoy 24/7 access to Chaplin Park. Only ‘Bradley Circle’ is being completely ISOLATED from it’s lovely community park (it’s only open-space – a park which also happens to contain the only lawful beach-access for the majority of homes on Bradley Circle – which makes this action all the more egregious). Add to this that it was done unnecessarily and without valid cause!
For over three years, we have appealed to Town officials to do the right thing – to RESTORE the historical ‘public’ pedestrian-access to this park! However, with no response or communication whatsoever from these same officials, we were compelled to initiate a legal complaint before the two-year mark, in order to preserve our rights . Because of this ongoing litigation, myself and other residents (who simply want to visit the park, and/or preserve the right of beach-access) – have been labeled ‘persona non grata’ – by those whose job it is to represent our interests (but instead have failed us miserably).
I’ve also spent much time and effort to research the ‘private’ walkway, examining all property deeds and recorded easements, to learn which properties have such an easement and which properties do not. It ironically turns out that the large majority of homes along Bradley Circle DO NOT have an easement to use this ‘private’ walkway (which this Town claimed that “residents, renters and guests” have the right to use, as a pretext for blocking the ‘public’ beach park access). As critically important as beach-access is for any ocean-oriented community, also ignored was the fact that the ability to enjoy the park’s open space and amenities is also critically important to the large majority of residents and guests.
These facts do not fit the narrative used to block the park-access. These officials do not want to accept the fact that – not only have they blocked folks from enjoying a public park / open space – even during the daylight hours – but that their effort has ‘in-effect’ also blocked the ‘only lawful beach-access’ for the majority of homes on Bradley Circle (a God-given right under the ‘public trust doctrine‘). This level of hypocrisy is hard to embellish. This is the same town that includes “access to open space and parks” as a top priority in every Strategic Plan, and every planning document. Statements do not matter when the Town’s actions dictate otherwise.
To make matters more disturbing; recently Town officials went to extreme measures in order to prevent us from erecting a simple ‘private beach access’ sign on the ‘private’ walkway land (privately owned land), by at first demanding a sign permit (and adding demand after demand to then delay, and later withdraw the permit). Then after two months of these unlawful demands, this effort eventually failed when the demand was proven to be unlawful (with FOIA Requests and directly references the Town’s own LMO Code). After this, when our sign was re-erected, it was immediately stolen. The Town has denied being involved.
All these efforts show, that similar to the ‘public’ park’s pedestrian-access (where two separate legal agreements and over three decades of continual use have been ignored by Town officials); by essentially directing every resident and guest to use a private beach access, these officials are also ignoring the ownership and legal easements that govern use of the ‘private’ walkway as well. In both cases, they are are refusing to acknowledge recorded agreements that are in-place, in order to impose the desires of the few on those the vast majority or residents and guests (by whom they are paid well to protect and serve). One should not have to point-out that “beach-access” is a priceless amenity!
If interested to learn more, please checkout bradleycircle.com The “Private” Beach-Access Right-of-Way (off of ‘Sweet Grass Manor’):
