Why not acquire the land between the beach and public access using eminent domain?
http://www.sfgate.com/bayarea/article/Vinod-Khosla-wants-30-...
Bottom line, property law derives a lot from English Common Law. It's possible for people to obtain rights that are not documented in any contract through customary use, or via common sense (e.g. If you sell someone a parcel of land completely surrounded by your land, you must grant them access to their property).
The down-side for both parties is that common law is up to even more interpretation than statutory law.