Casting Near Boats and Docks

[MeredithMan]

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

[LastonBoard]

Originally Posted by MeredithMan

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

Yes it would follow that logic. The dock permit/ easement issued by the state gives you the right to place your private property on land held in a public trust. The fact that it sits on property held in a public trust does not make it a public dock.

"The New Hampshire Supreme Court has held that riparian property-owners have rights which are more extensive than those of the public generally on certain areas of the water.8 The right to “use and occupy the waters adjacent to their shore for a variety of recreational purposes” is an incidental property right associated with ownership of riparian property.9 Riparian property-owners may “wharf out” to access the water, but they may not unreasonably interfere with the public’s use of the water. Such riparian rights, however, “are always subject to the paramount right of the State to control them reasonably in the interests of navigation, water storage and classification, health and other public purposes.”10

[NH_boater]

It is a little bit like buying a dock and locating it in the middle of a state park. The dock owner may have bought the dock but they did not buy the park it is sitting on. Someone may want to play where the dock is sitting, or cross it to get to where they are going.

"......but they may not unreasonably interfere with the public’s use of the water.

Now the term 'unreasonable' is the subject of the discussion. I do not know about a person sitting and fishing from the owners dock (perhaps this is acceptable) but MP seems to find it reasonable that a person can walk across your dock to get from one side to the other, as it is in their way on a public lake.

The laws are common laws, dating back a long time, and are active in most states. I believe that different states (and judges) interpret them differently, as they do trespassing violations.

I do not think this is a big deal, or something to get excited about.

[Pineedles]

I am quite surprised to learn that dock owners have few rights. Wouldn't it be a kick to appear before the local town's tax assessment group and ask for an easement of taxes due to reduced rights of enjoyment of shore frontage? I've never had such issues with fishermen crossing or casting from my dock, but to read the responses given from learned posters, I am concerned that I really don't have many rights as a shorefront owner. It would be interesting to see how one of the McMansion owners handled legal trespassers, when push came to shove.

[LastonBoard]

Originally Posted by Pineedles

I am quite surprised to learn that dock owners have few rights. Wouldn't it be a kick to appear before the local town's tax assessment group and ask for an easement of taxes due to reduced rights of enjoyment of shore frontage? I've never had such issues with fishermen crossing or casting from my dock, but to read the responses given from learned posters, I am concerned that I really don't have many rights as a shorefront owner. It would be interesting to see how one of the McMansion owners handled legal trespassers, when push came to shove.

As a waterfront owner you do have more rights than the general public, e.g the ability to occupy the water adjacent to your property (with proper permits). The state through the permit process controls the "unreasonable-ness" of that access basically by approving the size and length of the dock. If you conform to the permit, Joe Public cannot come in and claim your dock is unreasonable and impedes access - by granting the permit the state has already determined it does not.

[MikeF-NH]

I see both sides to this story:
1.) as a bass fisherman, I firmly believe that all water on the lake is open for public use including water under a dock/boat. If a home owner were nasty to me I might be tempted to remind them of that and that the law protects my right to fish that water if that person chooses to call a Conservation Officer. BUT BUT BUT
2.) as a person that likes to enjoy my time on the water, I think it is my responsibility to respect other people enjoying the water. As such, if there is anyone around the dock (on it or in the water), I cruise on by with a friendly wave and "hi how's it going?" and ask others in my boat to not cast until we pass the area.

I like to think I extend common courtesy and expect it back. If I get unsolicited grief from a shore front owner because I dared casting to his dock when he was looking out the kitchen window (and my sons are not on board), I don't mind returning the favor.

Also, if I or someone in my boat accidentally hooks a dock or line, I ALWAYS remove the hook. I never cast (or allow my guest to cast) toward a boat that has a cloth cover or other upholstery that may be damaged by hooking.

Again, this is a courtesy issue (from both sides). I only get involved with these discussions when people suggest that they have a right to push people away from their property. Ask nicely and most fishermen will leave. Act nasty and expect back what you gave. JMHO

[NH_boater]

Originally Posted by MikeF-NH

I like to think I extend common courtesy and expect it back. If I get unsolicited grief from a shore front owner because I dared casting to his dock when he was looking out the kitchen window (and my sons are not on board), I don't mind returning the favor.

Agree. As a lakefront property owner, boater and fisher, I have numerous perspectives. Most people should make an attempt to start with kindness and respect. You reap what you sow.

Unfortunately, too many people (home owners, boaters, and fishers alike) default to the negative. I feel sorry for them as life is too short to live your life in this manner.

[NHTom]

Had this clarified by Marine Patrol once.


their answer was that you only own to the high water line..........anything else is a privilege.

I asked "So late summer when the lake is down, someone could have a picnic on my beach and no one could stop them?" The answer was YES.

I've been fishing and had people come running down their lawn screaming at me that I cant' come within 150 of their beach.......lol. I politely explain that 150 is the no wake limit and anyone can come closer at headway speed.

I have had people politely ask me if I could move along from their property and I always do. If they come at me screaming, swearing, even throwing rocks has happened..........you can bet I'll stay all day and call fish and game for sportsman harassment issues also.

I've even been told I'm "not allowed to catch MY fish" by land owners.......and I practice catch and release.

Tom