Quote:
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
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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