Winnipesaukee Forum - View Single Post - More No Rafting Zones & Losing Your Rights!!!

Skip · 08-20-2007, 07:18 PM

Some very interesting opinions and posts on this particular subject, most of which has been asked and answered over the years here in a variety of other posts. And in actuality winnilakegirl, while not absolutely clear in her postings, actually has the gist of the concerns correct!

First, by statute any water body greater then 10 acres in size is a public body of water in this State, open to all (landowner or visitor). The littoral rights often cited here refer to a limited right of a lakeside landowner to encroach upon the public waters by building a dock, outbuilding, swim raft or installation of a swim line….if the installation of such does not infringe upon neighboring property owners enjoyment of the water. In most cases the aforementioned structures are only allowed if permitted by the local and or State agency having jurisdiction. Non landowners do not share the same littoral right to build structures into a public waterway.

Any person has the ability to enjoy the public waterway. If you have installed a swim line, however tacky or tasteless it may be any person can come in to the area encompassing that line (except by boat) as the water contained is public domain. In addition no law enforcement agency I am aware of is going to quibble over surveys or attorneys, if the swimmer’s feet are wet then they are enjoying a public domain.

But here is where it gets interesting, and where some have a misconception about trespass law here in New Hampshire.

New Hampshire has a long history (dating back to colonial times) of recognizing the concept of open land. What that means, under general conditions, is that if a person has not been forewarned to stay off land, or there are not obvious impediments to its openness, then a person is not trespassing if he crosses that land. Obvious impediments include certain fencing, signage or evidence that the owners had previously conveyed to that person not to cross their land.

That brings us full circle to the tying of boats to private docks, or a swimmer stepping out of the water on to shore. If I tie my boat to your dock, and there is no signage warning not to, I have not trespassed. If I step out of the public domain waterway and on to your beach, I have not trespassed unless the property was posted. That said, I must leave your dock or your property immediately and in the quickest manner if you tell me to depart. And if I leave my boat tied to your dock, denying you the privilege to enjoy same, then you have the right to have my boat removed at my expense, whether I am present or not. Also, if I do not leave immediately upon your request, if you can show that the property had been posted or you have evidence that I had been previously warned not to cross your property then I can be arrested for criminal trespass.

Thankfully most people, except for very good reason, do not purposely tie there boats to others docks or properties, do not come up on private beaches and usually back off when confronted by a property owner. It has not become enough of a problem that the legislature has found it necessary to make anything but minor changes to the trespass statute over the years.

Let’s hope that enough common sense remains out there that we don’t have to ask to be regulated every single moment of our lives!

08-20-2007, 07:18 PM	#71
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	Tresspassing in New Hampshire Some very interesting opinions and posts on this particular subject, most of which has been asked and answered over the years here in a variety of other posts. And in actuality winnilakegirl, while not absolutely clear in her postings, actually has the gist of the concerns correct! First, by statute any water body greater then 10 acres in size is a public body of water in this State, open to all (landowner or visitor). The littoral rights often cited here refer to a limited right of a lakeside landowner to encroach upon the public waters by building a dock, outbuilding, swim raft or installation of a swim line….if the installation of such does not infringe upon neighboring property owners enjoyment of the water. In most cases the aforementioned structures are only allowed if permitted by the local and or State agency having jurisdiction. Non landowners do not share the same littoral right to build structures into a public waterway. Any person has the ability to enjoy the public waterway. If you have installed a swim line, however tacky or tasteless it may be any person can come in to the area encompassing that line (except by boat) as the water contained is public domain. In addition no law enforcement agency I am aware of is going to quibble over surveys or attorneys, if the swimmer’s feet are wet then they are enjoying a public domain. But here is where it gets interesting, and where some have a misconception about trespass law here in New Hampshire. New Hampshire has a long history (dating back to colonial times) of recognizing the concept of open land. What that means, under general conditions, is that if a person has not been forewarned to stay off land, or there are not obvious impediments to its openness, then a person is not trespassing if he crosses that land. Obvious impediments include certain fencing, signage or evidence that the owners had previously conveyed to that person not to cross their land. That brings us full circle to the tying of boats to private docks, or a swimmer stepping out of the water on to shore. If I tie my boat to your dock, and there is no signage warning not to, I have not trespassed. If I step out of the public domain waterway and on to your beach, I have not trespassed unless the property was posted. That said, I must leave your dock or your property immediately and in the quickest manner if you tell me to depart. And if I leave my boat tied to your dock, denying you the privilege to enjoy same, then you have the right to have my boat removed at my expense, whether I am present or not. Also, if I do not leave immediately upon your request, if you can show that the property had been posted or you have evidence that I had been previously warned not to cross your property then I can be arrested for criminal trespass. Thankfully most people, except for very good reason, do not purposely tie there boats to others docks or properties, do not come up on private beaches and usually back off when confronted by a property owner. It has not become enough of a problem that the legislature has found it necessary to make anything but minor changes to the trespass statute over the years. Let’s hope that enough common sense remains out there that we don’t have to ask to be regulated every single moment of our lives!