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docks on ICW

5K views 37 replies 20 participants last post by  hellosailor 
#1 ·
Is there any truth to this? I was told that when venturing up or down the ICW that you can legally use anyone's dock to overnight if there's room. That it's a safety issue. Law doesn't want people on the waterway at night if at all possible.
 
#2 ·
I don't know a definitive answer but on the surface it sounds like a myth to me. A mariner in distress (or anyone in distress for that matter) has an affirmative defense from trespass but that doesn't give rights of occupation for other reasons.

Will be interesting to hear other responses and learn if there is a basis in fact.
 
#3 ·
I have the definitive answer....

That waterway has more gun shops along it than I've seen Macdonalds in New York City.... And you wanna go tie up at someone's private dock uninvited?

If you have Active Captain it shows you where the free town docks are, and all the anchorages. Not too many town docks, unfortunately.

Have fun :)
 
#4 ·
My brother has a home on the ICW in SC, but in his case I don't think you could tie to his dock and not be in danger of being struck during the night by the tugs that plow through that area. He has found kayaker's camping on his dock before but they were up and away before we could brew up some coffee and see what they were up to.
 
#5 ·
First I've heard of this...

If you can't find an anchorage along the ICW, you need to reconsider whether or not you belong in a boat in the first place. Route planning is the key. Active Captain, Skipper Bob's guides, MapTech ChartKits, etc, will all give you sufficient info to do this right.

Mark's comments are valid, and I would be very hesitant to tie up to a dock uninvited; short of a life-threatening emergency I'd never do it.

In addition to the potential hazard of an armed and irate dock owner, you also have no idea of the condition of the dock or the bottom around the dock. I trust my ground tackle way more than many of the docks I've seen along the ICW...
 
#7 · (Edited)
There's a big difference between my front porch and a dock over a public waterway.
I haven't ever used anyone's dock and nor would I unless I absolutely had to. This is why I was asking. The Captian that told me this has been a Captian in the Murrells Inlet and Georgetown, SC area for many years and is well respected. I'm not saying he's right. But he did tell me this. He said not many people know this but its true.
 
#9 ·
I suspect that if you tie up to someone's private dock, without permission, that shotgun is going to be stuck up another part of your anatomy. There are lots of locations to anchor that are not in the ICW books, but as stated above, you need to do some planning. Additionally, you need to provide yourself some leeway to compensate for incredible tidal changes and currents.

Gary :cool:
 
#10 ·
While the guy who built it may or may not have all the paperwork in place to actually have legal use of the dock it will be of little consequence to your family when he shoots you from his porch claiming you were trespassing. If it doesnt belong to you dont use it. Even if there were water leases etc that may be required, their absence does not make the property yours or anyone elses other than the person who put it there. He may not be legally entitled to use it but in that case neither would you. He owns the dock or hazard as the case may be, stay away unless its an emergency.
 
#12 ·
Yes I have had my own dock on a navigable river. Great Chazy off of Lake Champlain. There is a difference between it and
My front Porch. Have you had your own dock?
And If someone pulled up to it and used it I wouldn't mind as long as they respected it. I sure is hell wouldn't run out like a typical gun toting idiot and try to defend it. My porch is on my property not over a public waterway that everyone has access to. I'm not condoning using people docks. I am just asking if anyone has knowledge of this law bieng true. I would hope someone wouldn't be as ignorant to run out to there dock with a firearm because someone is hooked up to it with a boat. I could see if they left the dock and were messing around on land. Then call the cops.
 
#14 ·
I'm not condoning using people docks. I am just asking if anyone has knowledge of this law bieng true.
I find it inconceivable that any such "law" exists, much less that the states of VA, NC, SC, GA, and FL all have it on their books...

Is your source familiar with the issue of anchoring rights in places like Florida? Where waterfront homeowners have for years, in effect, been attempting to lay claim to a view of the water uncluttered by those "unsightly" cruising/liveaboard boats? And yet he thinks there is legislation that permits anyone to tie up to their docks???
 
#17 ·
Well, there are very few spots suitable for anchoring in Lauderdale, anyway, but things there are considerably more relaxed now, at least for the time being...

Lake Sylvia is the obvious choice, and I've experienced no problems whatsoever there for the past several years... There were boats in there last winter that had been there for a month, or more... Convenient shore access is the major limitation, of course, but all things considered, I think it's still a great spot...
 
#19 ·
To be sure this debate doesn't get off track, the references to the homeowner showing up with a gun are hyperbole (exaggerated statements or claims to make a point, but not meant to be taken literally).

The point remains, most homeowners would be upset to find a squatter on their personal dock and no one is aware of a law that permits it. If you had an emergency, tied up and walked up the yard to explain and ask permission, I'm sure most would be fine with it for the night.
 
#21 ·
Agreed...While it has never happened I would be happy to offer any assistance I could. I am at the end of a protected cove so it is more likely to happen to a house closer to the inlet anyway and there are gas docks that would be the more logical choice in a pinch.
 
#23 ·
WTF - first moorings and now docks :confused:

I have been up and down the ICW and there is NO rule, law, or custom to just grab a spot at someone's private pier. These things are expensive private property. I once had to pick someone up from a cove with no public access, so they found a waterfront house and rang the bell. The owners were happy to help and sent them down to the dock and mentioned they had a 12 gauge for the people that DIDN'T ask ;)
 
#25 ·
Um, I have a legal, registered and permitted dock - and no, you may not tie up to it without my permission.
Along with that dock comes liability - you aren't paying my insurance (or taxes).

Having said that, I've never turned anyone away and often invited strangers with motor problems etc. to tie up.

I'd not shoot anyone who was squatting (unless they were obviously armed and belligerent), but I would have no problem cutting their lines at 2am and walking the boat out.
 
#26 ·
I can't imagine very many people would just open fire on a stranger at their dock, but in many rural parts of the country a 12 gauge is going to be on hand when going to check out trespassers. Or even worse, Buffourt T. Justice and Boss Hogg decide to have themselves some fun and see how much money they can get for your "impounded" boat :eek:
 
#27 ·
champlain-
Next time you see that fellow who gave you that priceless advice, take him out for a cup of coffee and a jelly donut. Squirt a couple of bottles of crazy glue into the jelly center, and when his teeth get stuck, you tell him you think THAT'S funny too.
And you'll do the world a public service by stopping his myths.

Hey, yeah, I heard there's free RV parking in the Rose Garden for first time voters, too.
 
#29 ·
And then there are hot air balloonists, who have figured out that they're gona trample somebody's yard wherever they come down. So they pack two bottles of champagne on each flight. One for themselves, the other to be promptly given as a peace offering to the "trample-ee".

"Hello, sorry to bother you, but we have all these prime steaks defrosting and really need to barbeque them NOW. Would you mind joining us?"
 
#35 ·
The OP asked about tying up over night. So in your case I guess it took all day so you spent the night but didnt bother to even talk to the owner? If it isnt yours you have zero entitlement to it despite any defects that may exist for its intended use ie they may not have the required water lease but that doesnt make the dock available for public use. In fact just the opposite, it means nobody can use it including the owner, but the owner still has a potential liability. I may have built a house on Government property but without the occupancy permit I cant legally stay there and neither can you. More importantly it doesnt make it your house.

By the way a For Sale sign is not an invitation to trespass. You still require permission to set foot on the property. Yes you could knock on the door to obtain permission and I doubt anyone with a serious interest in selling their property would object but it doesnt change the fact permission is required or you can be charged with trespassing.
 
#34 ·
If you found a boat squatting on your privately owned dock, would you be within your rights to demand to be paid?

If no one was on board would you have a right to claim salvage?

If you untied and set it adrift, could you be held legally responsible for any resulting damage?

If the squatter hurt themselves on your dock, could they sue you?
 
#36 ·
Yes and No

According to NC statutory law, unless a property is fenced or posted 'no trespassing' in, there is no law prohibiting you from entering a property. There may be local laws or ordinances that DO prohibit this however. If an owner or person in legal control of the property (i.e. tenant, family of owner) requests you to leave, if you refuse or go back at a later date, you can be charged with trespassing. So your friend is technically correct... Put it into practice and you'll eventually make some dock owner upset. I'm not sure about GA, FL, etc. If you must use a private dock, at least contact the owner first.
 
#38 ·
aaron, in most states there are different degrees of trespass defined in the laws. Merely crossing or entering an UNposted, UNmarked, UNfenced property with no on there telling you to leave, is usually accepted as "no harm no foul" and not even a fourth-degree trespass. In some states, the landowner is even required to post the property--or else accept anyone reasonably crossing it without complaint.

However, tying up your boat to a dock? That's not just crossing a property, that's attaching and making use of what is obviously someone's property, cleats don't just pop up like mushrooms in a field. I wouldn't be surprised to find that tying up manages to make all the difference and create grounds for a summons.

Make a t-turn in someone's driveway? Sure, that's common enough. But park your car there? No, that's gonna be a problem.
 
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