On 10 Jul 2003 20:14:15 -0700, (B. Gerecke) wrote:

noah wrote in message . ..
On Wed, 9 Jul 2003 22:35:10 -0700, "Calif Bill"
wrote:


"noah" wrote in message
.. .
On Mon, 7 Jul 2003 21:38:11 -0700, "Calif Bill"
wrote:

have to give a public easement. The easement is for his access to the
lake,
not a private dock, he did not build, does not own, etc. He could
possibly
drop a mooring anchor and buoy, but this is regulated by the gov't in
most
public lakes and by the CCR's of the property owners on private lakes.
Bill


I understand your position, Bill, but I still think the man needs to
determine what is allowed by state, local, and Property Association
regulations (if any). If the dock is available for unrestricted use
by the "property owners", then the man is within his rights to dock
there. If there are restrictions, then he may have to move his boat.

Without knowing the facts, there is no way for me, or you, to come to
any reasonable conclusion.

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


What I am saying is this is a convience dock. Not a personal, private dock.
His docking there mostly removes the dock from the usage of any other lake
owner. fHe needs to build a dock in front of his property. Get permission,
or whatever from the rest of the lake owners. He is using this as his
personal owned dock.
Bill

Sorry Bill, but this thread has become a bit of nonsense.
Without specific factual information concerning the guy's state,
local, and easement rights, we are impersonating the blind men with
the elephant.

Unless the OP provides more information, I'm out.
Regards,
noah

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

Folks,

Thanks for the information, and I have to say it's more than I
expected! Anyway, after talking with my friend a little more I've
found out that the dock was built years ago by the previous owner of
his house. The dock is not mentioned in the easement or in his title.
It is indeed a shared easement, and several other titles grant use of
this 8' strip of property for access to the lake. There is an
interesting bit of language in his title concerning the easement which
states that it must be clear so that a "team" (as in horses) can have
access! I guess back in the early 1900s this easement functioned as a
boat ramp.

In regards to the "navigable waters" issue, the lake is spring fed and
the only way to get a boat on a river, bay or ocean is if you trailier
it out of there. There is public boat ramp on the lake.

I have a feeling this information will not bring clarity to the
matter, but I felt obligated to post after all the debate! Thanks
again.

Bill

Bill- depending upon how important it is to your friend to dock his
boat there, I suggest that he consult with a local attorney.

I am not an attorney, and this issue gets more complicated by the day.
) (i.e- the public ramp may convey "navigable water" status to the
lake; if the dock existed before the complaining neighbor bought his
house, your friends' right to use may exist under grandfathering
rights; depending upon your State laws, the neighbors' property and
"claim" may end at the high-water mark- but State or Local code may
prohibit or allow the use or existence of the dock. It goes on...)

Too complicated for a political.....er, boating newsgroup, since so
much depends upon the *applicable* laws or codes in the area in
question, and how much your friend wants to alienate the neighbor.
Opinion doesn't count for much in an issue like this, unless offered
by a qualified attorney or judge.

Good luck,
noah



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