Rights

[macbeth]

You must have a friend or know someone who has an extra boat they are not using for a week. Just ask them if they mind have it docked on your dock. Hence, no space for the rude next door neighbor. Problem Solved ! Yw..

[Patiently Watching]

This is an interesting topic and a slippery slope.
Untying the boat and releasing or anchoring it is almost certainly criminal.
The neighbor docking on another deck is something that should probably be litigated in state court.
The lake, starting at the high water mark is state property and as a result, property ownership claims are goin to be tough to argue...
If the neighbor were to come and go by way of water, without actually trespassing on the land the dock is adjacent to, the case would be very interesting.
I hope this makes it to court, it could change a lot for the shore of lake winnipesaukee.
We were in the boat last night and I was thinking about all of the trampolines and rafts on the lake without permit.... does a property owner have the right to ban a passerby from using them if accessed by water?

[tis]

Are you being serious Patiently?????

While we are at it, why doesn't Water Camper feel free to take his neighbors' boat for a ride any time he wants.

[Woodsy]

Post your dock, No Trespassing/Docking - Violators will be towed.

They dock, you have them towed! No different than parking in your driveway!


Woodsy

[Garcia]

This whole thread makes me appreciate my neighbors! They are always there to lend a helping hand (including dock space as needed) as do I.

[Kamper]

an older thread on this subject

https://www.winnipesaukee.com/forums...ighlight=towed

One of my suggestions, for a sign.

To the owner of ________________________________

They say the boat you should not rock
but you need permission before you dock.

Here you stand broken hearted
'cause your boat has pre-departed.

To Glendale MPHQ you must go
to pay the impound fees you now owe.

[MAXUM]

Originally Posted by Garcia

This whole thread makes me appreciate my neighbors! They are always there to lend a helping hand (including dock space as needed) as do I.

I agree. Do it all the time. No big deal but then again us islanders tend to be a little more laid back about such things. I mean we have folks walking through our property all the time too, tis part of the way of life out there and I personally think it adds to the awesomeness of island life.

[dippasan]

We share dock space with our island neighbors ALL THE TIME! It is done with mutual courtesy, respect and most importantly...permission.

If I arrived to the island one day and an unknown boat was tied up at my dock I'd be pretty pi$$ed, however, if a note was left with explanation, name & phone #, or some indication that there may have been an emergency, I'd be ok with it for a day or so as long I can communicate with the owner.

Communication is key.

[Major]

Kamper, thank you for the thread. I love the idea of throwing bread and sardines on his boat to attract birds! I think you have solved the problem. ;-)

[Onshore]

Getting back to the initial question, I don't see why leaving your boat tied to a private dock you don't own would be viewed any differently than leaving your car parked in a private driveway you don't own. You shouldn't be surprised if it gets towed. Yes the dock is in public waters but the end of my driveway is in the road right of way and I'm pretty certain that doesn't mean someone can park in the end of my driveway and block it off. Does anyone know what the legal ramifications would be, if any, if one were to have that boat towed away? Where is Skip to weigh in on this issue?

[Major]

Originally Posted by shore things

Getting back to the initial question, I don't see why leaving your boat tied to a private dock you don't own would be viewed any differently than leaving your car parked in a private driveway you don't own. You shouldn't be surprised if it gets towed. Yes the dock is in public waters but the end of my driveway is in the road right of way and I'm pretty certain that doesn't mean someone can park in the end of my driveway and block it off. Does anyone know what the legal ramifications would be, if any, if one were to have that boat towed away? Where is Skip to weigh in on this issue?

This was answered in the prior thread provided by Kamper. Difficult, if not impossible to find someone to tow the boat. Marine patrol won't do it. Private tow boats won't either. Also, I'm not sure how it works with a car parked in a private driveway. If I call a tow company to tow a car parked in my parking space without permission, does the tow company automatically just tow the car? Again this is a civil issue, not criminal. My guess is that you would have to get a court order to tow the vehicle.

[Woodsy]

You don't need a court order to tow a boat anymore than they need a court order to tow a parked car.... They tow in the Weirs all the time when people park in private spots. Gulbicki's Towing gets all the Gringo tows.

The issue is that the towboat companies probably do not have a storage spot for a towed boat...

Woodsy

[fatlazyless]

Seems like moving the boat a short distance of 25-yards and dropping anchor, or tying it to a big cinder block, underwater, could both remove it, and keep it safe.

What would Judge Judy say about that?

[Hillcountry]

Originally Posted by fatlazyless

Seems like moving the boat a short distance of 25-yards and dropping anchor, or tying it to a big cinder block, underwater, could both remove it, and keep it safe.

What would Judge Judy say about that?

The trouble is...you shouldn't have to be doing this in the first place!

[Major]

Originally Posted by Hillcountry

The trouble is...you shouldn't have to be doing this in the first place!

Hillcountry, is this before or after Judge Judy asks whether he has a job! I love it when she does that!

[Outdoorsman]

Originally Posted by Major

Hillcountry, is this before or after Judge Judy asks whether he has a job! I love it when she does that!

This post actually cleared up SO MUCH confusion that I had with your qualifications.
Thank You!

[MeEscape]

IMHO, this thread exemplifies what is wrong in our society today.

Someone comes late to the party and uses a dock that they don’t have a “right” to use. Then they are, maybe, a bit slow or lazy at moving the boat away.

Immediately the discussion goes to “MY rights” and then to most every suggestion short of blowing the boat out of the water. My guess is that could be coming soon. Sounds like a great neighborhood!

There appears to be some sort of history with a prior owner/generation, but I suspect whoever left the boat at the dock was simply, at best, moving slow or just on a different schedule than others.

Maybe, just work it out without the dramatics!

[Major]

Originally Posted by MeEscape

IMHO, this thread exemplifies what is wrong in our society today.

Someone comes late to the party and uses a dock that they don’t have a “right” to use. Then they are, maybe, a bit slow or lazy at moving the boat away.

Immediately the discussion goes to “MY rights” and then to most every suggestion short of blowing the boat out of the water. My guess is that could be coming soon. Sounds like a great neighborhood!

There appears to be some sort of history with a prior owner/generation, but I suspect whoever left the boat at the dock was simply, at best, moving slow or just on a different schedule than others.

Maybe, just work it out without the dramatics!

I think the history defines the recourse. If you're so chill give me the keys to your car and I'll give it back when I feel like. My timing may no suit your timing. I may be slow or lazy. After all, your so-called "rights" in your car can't be any more or less than the so-called "rights" of the dock owner.

[robmac]

Please, their schedule has nothing to do with trespassing on someones property! Lucky it wasn't mine I would have had it towed as soon as I didn't see a note explaining why it was there. And to answer your statement that as a dock owner you have no right to be upset that someone dumped a boat where it shouldn't be docked I should wait. SORRY YOU ARE 100% WRONG!

[Onshore]

Originally Posted by MeEscape

IMHO, this thread exemplifies what is wrong in our society today.

Someone comes late to the party and uses a dock that they don’t have a “right” to use. Then they are, maybe, a bit slow or lazy at moving the boat away.

Immediately the discussion goes to “MY rights” and then to most every suggestion short of blowing the boat out of the water. My guess is that could be coming soon. Sounds like a great neighborhood!

There appears to be some sort of history with a prior owner/generation, but I suspect whoever left the boat at the dock was simply, at best, moving slow or just on a different schedule than others.

Maybe, just work it out without the dramatics!

This is one of those trolling attempts right? I mean I can never tell. I get asked some pretty incredible questions all the time and well it's my job to answer them so I always assume the person asking is serious but in this case this is a joke, right?

[Major]

Originally Posted by shore things

This is one of those trolling attempts right? I mean I can never tell. I get asked some pretty incredible questions all the time and well it's my job to answer them so I always assume the person asking is serious but in this case this is a joke, right?

I guess I bit. I'm trying to get the hook out of my mouth.

[swnoel]

Just goes to show how this nation has devolved... I'm pretty sure it won't end well in the near future.

[Descant]

Originally Posted by Major

I guess I bit. I'm trying to get the hook out of my mouth.

If so, Good trolling. 68 responses. However, the OP came back with additional info about a court order, which I think was crucial. I just don't know here, but I've been in similar situations so I give the benefit of the doubt to the OP.

[Mr. V]

OP: It would seem that you do indeed have a viable remedy.

Given that you have a court order prohibiting them from using your dock, your remedy is to file an action for contempt of court (or whatever the equivalent action is called in the Granite State).

[Hillcountry]

Originally Posted by shore things

This is one of those trolling attempts right? I mean I can never tell. I get asked some pretty incredible questions all the time and well it's my job to answer them so I always assume the person asking is serious but in this case this is a joke, right?

My guess it’s the “chill” kid that used the OP’s dock...sounds just like one of the “me me me” me-linniels...

[Hillcountry]

Originally Posted by MeEscape

IMHO, this thread exemplifies what is wrong in our society today.

Someone comes late to the party and uses a dock that they don’t have a “right” to use. Then they are, maybe, a bit slow or lazy at moving the boat away.

Immediately the discussion goes to “MY rights” and then to most every suggestion short of blowing the boat out of the water. My guess is that could be coming soon. Sounds like a great neighborhood!

There appears to be some sort of history with a prior owner/generation, but I suspect whoever left the boat at the dock was simply, at best, moving slow or just on a different schedule than others.

Maybe, just work it out without the dramatics!

Sorry but you have it back-asswards...
What is “wrong in our society” is exemplified in...wait for it....YOUR OWN POST.
You portray exactly, the kind of attitude that is taking this country down.
Chill my ass...

[nj2nh]

Originally Posted by Major

This was answered in the prior thread provided by Kamper. Difficult, if not impossible to find someone to tow the boat. Marine patrol won't do it. Private tow boats won't either. Also, I'm not sure how it works with a car parked in a private driveway. If I call a tow company to tow a car parked in my parking space without permission, does the tow company automatically just tow the car? Again this is a civil issue, not criminal. My guess is that you would have to get a court order to tow the vehicle.

Trespassing is a criminal offense. It might only be municipal, but it is still criminal once he tells them to move it and they do not.


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