Boat illegally docked?
On 08 Jul 2003 09:22:06 GMT, (Gould 0738) wrote:
True, except that most property lines (at least here in the Northeast)
end at the high-water mark. There have been several local cases where
this demarcation has been reaffirmed by the courts. (i.e: public
access to navigable water through private land).
In the west, freshwater shoreline plats usually extend a ways into the lake.
The fact that the adjoining *easement* has a dock would lead one to suspect, at
least 'round here, that property boundaries extend far enough into the lake to
construct a dock.
In Washington, any land beyond the actual deeded property that a land owner
wants to improve with pilings, floats, docks, etc, must be leased from the
People through the Department of Natural Resources as it is considered publicly
owned. In such a case, most shoreline property owners lease a fairly uniform
distance into the water out to a line often called "harbor limits line". If the
owner of one property doesn't lease all the way to the harbor limits line, an
adjacent property owner can lease underwater land across the front of the other
party's holdings and theoretically construct an "L" shaped dock that would
restrict the access and view. Bummer.
....that illustrates my point, Chuck. There is a wide range of
"normal" in property law, particularly pertaining to boundaries on
navigable water.
The boater in question really needs to determine what rules affect his
docking, and abide by them.
In at least one state, it is illegal to lean over a bridge railing.
In another (Missouri, I think), it is illegal to fist-fight in any
river or lake. Whodathunkit? )
Courtesy of Lee Yeaton,
See the boats of rec.boats
www.TheBayGuide.com/rec.boats
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