Court Rules Mullet Bay Beach is public, Sun Resorts owns land behind shoreline

GREAT BAY--The Court of First Instance has ruled that Mullet Bay Beach remains public and is not owned by Sun Resorts Limited, rejecting the company's claim that the beach itself passed into private ownership through historic land transfers dating back to 1852. The Court, however, also ruled that land immediately behind the beach belongs to Sun Resorts and found that the Government of St. Maarten acted unlawfully by renting out or allowing third parties to use parts of that private property.

The July 7, 2026 judgment, settles a major legal dispute over where the public beach ends and Sun Resorts' private property begins. The Court's official case summary states that it first determined the historical meaning of the term “strand der zee” as used in 1852 and concluded that the present-day Mullet Bay Beach was not transferred into private ownership.

At the centre of the case was an 1852 deed describing property near Mullet Pond as extending to the “strand der zee,” or beach of the sea. Sun Resorts argued that the wording meant the modern Mullet Bay Beach formed part of the land historically transferred to private owners and ultimately became the company's property.

The Court rejected that interpretation.

In examining the historic legal meaning of the wording, the Court distinguished between the coastal strip reaching to the normal high-water line and the dry sandy beach behind it. The ruling referred to the old legal principle that the bare beach belonged to the people and concluded that the seller in 1852 could not have privately transferred what is now Mullet Bay Beach.

The judgment opens with a clear position: “De stranden van Sint-Maarten zijn openbaar,” meaning the beaches of St. Maarten are public. The Court traced that principle to civil law dating back to 1869.

Sun Resorts also failed in its attempt to establish ownership of the beach through acquisitive prescription. According to the reported judgment, the company did not demonstrate that it had openly and continuously possessed the beach as an owner for the required period.

The ruling represents a significant victory for Government on the central question of ownership of Mullet Bay Beach.

In April, Minister of Public Housing, Spatial Planning, Environment and Infrastructure Patrice Gumbs appeared in Court on behalf of the Ministry as Government opposed Sun Resorts' ownership claim. Government argued that the beaches of St. Maarten form part of the public domain and said the historical deeds relied on by Sun Resorts did not provide valid title to the beach itself.

At the time, Gumbs said Government would continue to protect public access to the island's beaches and declared that St. Maarten's beaches belong to the people.

However, Sun Resorts also secured an important part of its case.

The Court ruled that the property behind the public beach is owned by Sun Resorts and that the Government acted unlawfully by renting out or otherwise allowing third parties to use portions of that land as though Government owned it.

Government has been ordered to stop presenting itself as owner of the affected private land and may no longer rent or give that property to third parties for use. A violation of that order can result in a penalty of US $1 million per occurrence.

The Court also ordered Government to inform affected third parties within 14 days that the Country is not the owner of the relevant land and was not authorized to rent or provide it for use. Failure to comply can result in a penalty of US $10,000 per day, up to a maximum of US $250,000.

The judgment also touches on the location of Kalatua Beach Restaurant.

Sun Resorts argued that trees and vegetation were removed to establish the restaurant at its current location and that the business therefore sits on land behind the beach belonging to Sun Resorts rather than on the public beach itself. According to the account of the judgment, Government did not dispute that position.

The ruling therefore draws a legal line between the beach itself and adjoining private property.

Mullet Bay Beach remains public and Sun Resorts cannot claim ownership of the beach based on the 1852 deed. At the same time, Government cannot treat privately owned Sun Resorts land behind the beach as public property or grant use of that land to businesses or other third parties.

The judgment is particularly significant given longstanding public debate over Mullet Bay, beach access and the future of the wider property.

Government's April court statement said the case involved fundamental questions surrounding public access, private property rights and protection of St. Maarten's coastal heritage. The Court's ruling has now provided a distinction on those issues: the beach belongs in the public domain, while private ownership rights over the land behind it must also be respected.

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