Cape Elizabeth police have been called to the Broad Cove neighborhood twice in the past 10 days to intercede in a property rights dispute over access to a beach.

Maxwell Point Beach, commonly referred to as “Secret Beach,” and the trail to access it sit at the end of Running Tide Road and have been used by residents of the Broad Cove neighborhood for at least the past 40 years, according to one Broad Cove resident.

But use of the trail has been challenged by the property owner Paul Woods, a 20-year Cape resident. Woods is also the developer who purchased the lot adjacent to Town Hall in December 2004.

On July 23, Sgt. Eric Fay met with Woods, who complained that a group of residents in the neighborhood were mowing a pathway and weed whacking along the access way into the beach. The Broad Cove Neighborhood Association maintains the trail with dues collected from residents.

Fay told the neighbors to stop their work until the matter could be settled in court, according to police records.

On July 27, Officer Paul Gaspar met with a neighbor about a verbal altercation she had with Woods, who she said had been videotaping her while on the property whose use rights are in dispute.

Woods has lived on the property in question at 20 Running Tide Road since 1999, but bought it in April 2004. He said the beach had been frequently used for underage drinking, drug use, bonfires and even paintball guns. It was these sort of activities taking place on his property that precipitated his research into who actually has access to “Secret Beach.”

An easement does exist over Woods’s property, but according to a legal opinion by Perkins, Thompson, Hinckley & Keddy only 17 residents in the Running Tide I and Running Tide II subdivisions actually have the right to use the easement in their deeds.

“I understand some individuals are disappointed, but I’m hoping they will respect my property rights in the same way they expect their property rights to be respected,” Woods said.

Woods has posted “No Trespassing” signs on the trail and has been accused of verbally attacking and intimidating people using the trail to access the beach, according to a Broad Cove resident.

“This man has no court order to do that,” said the resident, who wished to remain anonymous for fear of litigation.

But Woods said there is no foundation to those accusations. “I consider it an unacceptable tactic,” he said.

He has taken pictures of people who were on his property, which he said is perfectly within his right as the landowner.

“There have been instances where people have clearly trespassed and pictures were taken,” Woods said.

Woods said what is not well known is that the Broad Cove Shore Association is the second-largest private waterfront property owner in Cape Elizabeth, owning 2,500 feet of beachfront. Woods said the beach his easement leads to is 120 feet.

“That’s the real irony,” he said.

The case is not yet in court, according to Capt. Brent Sinclair. “At some point, ultimately it’s where it’s going to have to be resolved,” he said.

Currently a group of residents are investigating the issue with legal counsel and will make a determination of the next move at their next meeting.