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Old 07-22-2014, 03:30 PM   #31
MeredithMan
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Default private property on public waters...

So I am intrigued by the commentary that people have a right to walk on or possibly use a person's dock--which the dockowner paid for and is their private property--because it is in or over public waters.

I have waterfront property and I have a legally permitted dock and a legally permitted mooring, both of which I bought. There is a public access beach area not too far from my property and at times, some of the beachgoers have paddled their floats/air mattresses out to my mooring and tied up, floating in the water, (my boat was at the dock). When this has happened, I have said, "excuse me, that is my mooring; it's not for public use". Most times, they leave without issue. Once in a while, some 20-something will give me some lip, but eventually moves on.

I called the Moorings folks at Dept of Safety in Belmont and asked if I was actually ok in telling the floaters to leave my mooring, since it is in public waters. I was told that although the lake is public waters, the mooring is private property, since I own it, and therefore the floaters can be told to leave. I was further told that if they don't leave, I should call Marine Patrol.

This brings me back to the dock issue. Why wouldn't the same logic apply? The dock is private property that was purchased by the homeowner. If a boater or fisherman is in distress and needs safe haven, I am totally fine with them accessing and/or using my dock. If they begin to use it for their own enjoyment or amusement, they are trespassing and need to leave immediately.

MM
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