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TREPANIER V. COUNTY OF VOLUSIA <br />965 SO. 2D 276 (FLA. 5TH DCA 2007) <br />"TO ESTABLISH A CUSTOMARY RIGHT, WE DO NOT SUGGEST THAT THE <br />COUNTY MUST PROVE THAT CARS, HORSES, OR OTHER MODES OF <br />TRANSPORTATION HAVE CUSTOMARILY TRAVERSED AND PARKED ON <br />APPELLANTS' SPECIFIC PARCELS OF PROPERTY. RATHER, WE READ TONA—RAMA <br />TO REQUIRE PROOF THAT THE GENERAL AREA OF THE BEACH WHERE <br />APPELLANTS' PROPERTY IS LOCATED HAS CUSTOMARILY BEEN PUT TO SUCH <br />USE AND THAT THE EXTENT OF SUCH CUSTOMARY USE ON PRIVATE PROPERTY <br />IS CONSISTENT WITH THE PUBLIC'S CLAIM OF RIGHT." (TREPANIER AT 290). <br />• WHEN SHOWING CUSTOMARY USE, THE HISTORIC USE DOES NOT NEED TO BE <br />SPECIFIC TO THE PARCEL AT ISSUE; INSTEAD, THE USE MUST BE WITHIN THE <br />"GENERAL AREA' OF THE BEACH WHERE THE PARCEL IS LOCATED. <br />s <br />.�•�` RECENTLY, THERE HAS BEEN A BATTLE IN OTHER JURISDICTIONS BETWEEN, <br />COASTAL HOMEOWNERS WHO HAVE ERECTED FENCES AND/OR "NO <br />TRESPASSING SIGNS" AND BEACH GOERS WHO WANT TO ACCESS AND <br />RECREATIONALLY USE THE DRY AREA OF SAND ABOVE THE MHWL <br />_ NOSA4P�SS1N6NOTA SSIN <br />:� , 4A1VAiE Pi1IiP[1iTY F - siva orFsrr <br />r ^J "M.rri ^it. FXtiMQ5 f0 t"JIiA;ft t _ q <br />I mllaim w.ee *ffa� '�`+,,�Ry �jC., , y` _S3•S£Dxi TF'Sk'Y �S <br />ffslf7i� ,•' { � TaY6915HA. 14t. � 7� `r4 ��"����+.� . •- � �� <br />l <br />6/7/2018 <br />�q- 3 <br />