In addition, the fact that the neighbors waited several years to
complain may have created an easement for mooring the boat
(independent of the easement for access). There are ways that
a default easement my be created through inaction on the part
of the property owner (if indeed the neighbors do own the lake).
An example of this is that Stanford University closes Palm Drive
once a year to prevent a public easement from being created.

--
Chuck Tribolet

http://www.almaden.ibm.com/cs/people/triblet

Silicon Valley: STILL the best day job in the world.


"noah" wrote in message ...
On 08 Jul 2003 02:14:32 GMT, (Gould 0738) wrote:

The adjacent owners complained about the pontoon boat blocking their
view, but if the boat is legally docked, that's their problem.

I believe the complaint is that the docked boat extends 6 feet across the
property line.

That would not be something the adjoining property owner is required to
tolerate, in most areas.

True, except that most property lines (at least here in the Northeast)
end at the high-water mark. There have been several local cases where
this demarcation has been reaffirmed by the courts. (i.e: public
access to navigable water through private land).

I know that other states and localities may (and do) vary, ergo the
check with local authorities.

If the man has a legal right to mooring, the complaints are like your
neighbors complaing about your pink lawn pelicans. )

If it was me, I would prefer a friendly resolution, but the guy needs
to know if he has any legal right to mooring. After that, he can
either apologise, or make nice.
noah

Courtesy of Lee Yeaton,
See the boats of rec.boats
www.TheBayGuide.com/rec.boats