Swimmers gather at Hawea Point, also called Cliff House in West Maui recently. It has become a site where a dispute has risen over private property rights and recreational access to the area. State Department of Land and Natural Resources photo

Following a dispute over private property rights and recreational access to Hawea Point, also called Cliff House, representatives from Hawaii Land Trust asked the neighboring homeowner to remove the hired security guard from the site, according to a news release from the state Department of Land and Natural Resources Monday afternoon.

Over the last few weeks, DLNR Division of Conservation and Resources Enforcement officers have been called to Hawea Point after complaints over noise pollution and underage drinking as well as push-back from ocean users who claim that homeowner Jonathan Yantis tried to restrict access to the cliffs by stationing a security guard and by putting up “official-looking signs.”

Shae Kamaka’ala, director of Aina Protection and general counsel for HLT, said in a news release Monday that “shoreline access is a right derived by the traditional and customary use of the indigenous peoples of Hawaii.”

“Hawaii Land Trust understands that Hawea Point is an important ice box for ohana of this area and perhaps resting grounds of iwi kupuna,” Kamaka’ala said. “We ask that everyone who enjoys, lives, and uses the area for access and recreation to also respect and acknowledge those who came before them.”

Hawaii Land Trust holds a conservation easement at Hawea Point, which protects public access and recreation in perpetuity in the areas at Cliff House, Kamaka’ala said. The land trust adopted the stewardship of this conservation easement in 2004, covering roughly 2 acres.

It was created out of a settlement agreement with the original developers and concerned community groups, Kamaka’ala added.

The concrete platform where the security guard sits is private property, protected for public access and recreational use, said James Crowe, Aina Stewardship Manager for the land trust.

However, the land makai of the platform is public land, but the land above that part of the trail is private property, not subject to the conservation easement, Crowe said.

While land title and jurisdiction along this coastline is somewhat unclear, Crowe clarified in the news release that the trail is on private property but access to the water is protected by the easement.

“Public access and recreational use protected by conservation easements is limited by the laws restricting recreational use, whether they be county, state, or federal laws,” Kamaka’ala said. “Those rules include no playing of loud music or drug and alcohol use. Visitors should also be aware that there are no trash cans or restrooms at Hawea Point and should plan accordingly to avoid impacting the land or water in any way.”

Yantis has told The Maui News that he responded to the noise pollution and underage drinking and drug use by putting up now-defaced signage and by posting up a security guard to relay the laws that are already in place.

The intent was not to deny public access, he has said.

Activity below the house is monitored by a security camera, according to DLNR.

“Hawea Point is one of many places on Maui and around the state where large groups of people tend to congregate,” said DOCARE Chief Jason Redulla. “We ask everyone at Hawea Point, whether they are property owners or recreational users, to respect everyone’s right to enjoyment of their private property and use of the public lands there.”

* Dakota Grossman can be reached at dgrossman@mauinews.com.