Independent land surveyors have confirmed the swimming pool and outdoor entertainment area at an upmarket residential estate sits on public land below the high-water mark (HWM) in Hermanus.

The recreational area belonging to Bayview Apartments has been at the centre of a legal dispute over the town’s public path winding along the coast. 

TimesLIVE reports that the Cliff Path Action Group (CPAG) is connecting the path right along the coast, but faced resistance from some residents in an enclave called Poole’s Bay who insisted there was no space for a concrete path in front of their properties.

A court ruling earlier this month instructed CPAG to obtain a survey report to back their claim that the public had a legal right to traverse the Bayview pool area because it juts into public land.

According to the survey report released on Wednesday, Bayview’s entire pool area, including the adjoining lawn, is below the HWM and therefore technically on public land.

‘To determine the HWM in this area an in-depth investigation has been done involving historic imagery, specialist opinions and physical evidence on-site,’ reads the report by surveyors Friedlaender, Burger and Volkmann.

Several man-made structures had disturbed the terrain in the surveyed area, the firm said.

Full TimesLIVE report