Winnipesaukee Dock Dispute

[jayymarr]

I personaly have a problem with a neighbor who has recently purchased a boat and has tied up on my dock. I have asked him to remove his boat but he has so far refused to do so.

He has stated that he has a deeded right to have a dock on the shared waterfront and has stated that he has no intention of removing it.

I hold a valid dock permit from the wetlands board, this issue has been litigated in court with other neighbors whom have trespassed in the past.

What recourse do I have without going through costly litigation again?

Has anyone else had a simillar problem and what was the outcome or resourses that you used to resolve the situation short of going to court.

I am completely frusrated at this point.

Jay

[Lakegeezer]

Originally Posted by jayymarr

I personaly have a problem with a neighbor who has recently purchased a boat and has tied up on my dock. I have asked him to remove his boat but he has so far refused to do so.

He has stated that he has a deeded right to have a dock on the shared waterfront and has stated that he has no intention of removing it.

I hold a valid dock permit from the wetlands board, this issue has been litigated in court with other neighbors whom have trespassed in the past.

What recourse do I have without going through costly litigation again?

Has anyone else had a simillar problem and what was the outcome or resourses that you used to resolve the situation short of going to court.

I am completely frusrated at this point.

Jay

What are the regulations around shared waterfront? It seems unusual that the person could claim rights out in the water. Perhaps you can charge dock rental - or discuss building a dock with more slips. If your dock takes up all the rights for the shared land, based on frontage, there may have to be room for a compromise. You need something like 225' of frontage to have a third slip, so if the propertly is less than that, other sharees may have a valid claim that you need to share the slip rights that go with the shared property.

[codeman671]

Originally Posted by Lakegeezer

What are the regulations around shared waterfront? It seems unusual that the person could claim rights out in the water. Perhaps you can charge dock rental - or discuss building a dock with more slips. If your dock takes up all the rights for the shared land, based on frontage, there may have to be room for a compromise. You need something like 225' of frontage to have a third slip, so if the propertly is less than that, other sharees may have a valid claim that you need to share the slip rights that go with the shared property.

Actually at 225' you can have 4 boat slips, we have 289' of frontage and have just been permitted for 4 slips (3 fingers 12' apart between in a row). At 75' you can have 1 finger (1 slip on either side) and for every 75' in addition you can add 1 slip.

If it is deeded shared frontage I am surprised that the state granted you specifically the dock permit. I would think it would have to be some sort of association. Is the land actually yours and others are allowed deeded access/right out way?

[codeman671]

You can also easily look up his deed on NHDEEDS.com and see if it is written into his deed that he does have deeded acces, or look up yours and see if there is a granted right of way or shared access.

[GusMan]

I wish I had some positive input to your situation, but I don't.

See my earlier post....

I had issues with "shared waterfront property" and docking and mooring, but I was on the other side of the issue. I didn't even want to infringe on the owners of the dock(s), but when I decided to take matters into my own hands and sink a mooring, you would have thought that I shot the Pope or something. This was on a lake that has no mooring permit requirements, but from the second I sunk the mooring until I sold the property in disgust, it was nothing but a horror show.

When I listed the property, my realtor immediately got calls from the other "shared property" tenants griping about the mooring that was advertised with the property (the one that I paid a significant amount of money for). I had to get lawyers involved (absolutely no help, since there are no *rules* governing moorings on this lake).

So... after that experience (an *MANY* others as a fisherman fishing tons of different lakes) I've come to the conclusion that *SOME* lakefront property owners are just impossible please.... EVER.

Good luck...

Gusman

[TomC]

Originally Posted by jayymarr

I personaly have a problem with a neighbor who has recently purchased a boat and has tied up on my dock. I have asked him to remove his boat but he has so far refused to do so.

He has stated that he has a deeded right to have a dock on the shared waterfront and has stated that he has no intention of removing it.

I hold a valid dock permit from the wetlands board, this issue has been litigated in court with other neighbors whom have trespassed in the past.

What recourse do I have without going through costly litigation again?

Has anyone else had a simillar problem and what was the outcome or resourses that you used to resolve the situation short of going to court.

I am completely frusrated at this point.

Jay

if he does, and the dock is legally yours, why does he have a place to put his boat on your dock when he returns?

[ApS]

Originally Posted by jayymarr

"...I personally have a problem with a neighbor who has recently purchased a boat and has tied up on my dock. I have asked him to remove his boat but he has so far refused to do so....Has anyone else had a similar problem and what was the outcome or resources that you used to resolve the situation short of going to court...I am completely frustrated at this point..." Jay

You need to go to www.dockspidersRus.org.

It's a consortium of dock owners who are willing to part with dock spiders -- for a small fee:

Live, with at least most legs attached: $25 each
Package of ten, as above, individually housed: $200
"U-Pic" $5 each, or $10/hour "hunt"
If I help: Double above price.
"Glue pad" to aid with "U-Pic", includes six pads: $12
Realistic decals, 5-inch circumference: $5
Same as above, but 6-inch $7.50
Decals with adhesive, 5-inch: $8
Same as above, but 6-inch: $10
Decals with Velcro, (w/extra hooks, to move around daily), 5": $15
Decals with Velcro, (w/extra hooks so they can be moved around), 6": $20
Rubber stamp of dock spider with pad of permanent waterproof ink, 5": $25
Rubber stamp, same as above, 6": $30

More items are continually added. Please check web site frequently.