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Go Back   SailNet Community > General Interest > General Discussion (sailing related) > docks on ICW
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Thread: docks on ICW Reply to Thread
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Topic Review (Newest First)
02-03-2013 12:40 PM
hellosailor
Re: docks on ICW

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.
02-02-2013 11:16 PM
aaronsailor Yes, no, yes, and yes
02-02-2013 11:14 PM
aaronsailor
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.
01-08-2013 07:35 PM
delite
Re: docks on ICW

Quote:
Originally Posted by polaris2.11 View Post
In NC, there are probably hundreds of docs with 'for sale' signs... you could say you were just taking a look at the property.
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.
01-08-2013 07:35 PM
timangiel
Re: docks on ICW

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?
01-08-2013 06:43 PM
miatapaul
Re: docks on ICW

Quote:
Originally Posted by ShoalFinder View Post
ARE YOU SERIOUS? I assume you are, based on the rest of your post. My suggestion to you is don't go slinking around after dark on someone's dock. Walking up to the door and asking if you can dock for the night goes a long way. You can offer them some of your Skittles. A little courtesy could possibly have saved Trayvon's life, too. I guess we'll never know because the two stupidest people in Florida happened to run into each other that night, so all bets are off.
Actually I am serious, I would be very cautious in Florida. What would have saved Trayvon's life would have have been the psycho with the gun doing what the police told him to do on the phone,(to stay in the car and let the police handle it) instead of chasing after someone he had no reason to chase and assault. Had he done that he simply would have sat in the car and the police could have spoken to the innocent teenager and let him go on his way. The poor kid was assaulted by someone with a gun who was looking for any excuse to use it that he could find, I see no stupidity in that. To say he was stupid is an insult to him and his families memory of him. Bad luck yes, that is all. But I guess it is easier to blame the victim.


By the way I said even if the law said you could use the dock, (and that has not been shown to be the case) that you should still get permission. So asking permission is exactly what I said and that would imply courtesy.
01-08-2013 05:56 PM
ShoalFinder
Re: docks on ICW

Quote:
Originally Posted by miatapaul View Post
I don't know about that, I would not make that assumption in Florida as they seem to revel in their sand your ground statue. You certainly would not want to have a bag of skittles in your hands.
ARE YOU SERIOUS? I assume you are, based on the rest of your post. My suggestion to you is don't go slinking around after dark on someone's dock. Walking up to the door and asking if you can dock for the night goes a long way. You can offer them some of your Skittles. A little courtesy could possibly have saved Trayvon's life, too. I guess we'll never know because the two stupidest people in Florida happened to run into each other that night, so all bets are off.


Quote:
Originally Posted by miatapaul View Post
So I guess it takes all kinds.
That's what we say when New Yorkers are around. Next time I'm in Manhattan I'll ask somebody if it's legal to park in any reserved parking space I see. Since all parking spaces are attached to the road where everybody is allowed to drive, you know.
01-08-2013 02:15 PM
Minnewaska
Re: docks on ICW

Quote:
Originally Posted by miatapaul View Post
I don't know about that, I would not make that assumption in Florida as they seem to revel in their sand your ground statue. You certainly would not want to have a bag of skittles in your hands.......
Funny enough, I deleted part of that reply. I had gone on to say that there remains some risk that the homeowner is nuts and does do you harm for just showing up and frightening them. To take a vacant dock would necessitate an emergency where it was the lesser of the risks, IMO.

Presumptions vary by State law, if you are on someone's property without permission. I would want to know that before I ran up and rang the bell. Stand your ground typically requires an aggressive act, however, being in someone's backyard without permission just may be presumed aggressive. Interesting.
01-08-2013 01:20 PM
polaris2.11
Re: docks on ICW

In NC, there are probably hundreds of docs with 'for sale' signs... you could say you were just taking a look at the property.
01-08-2013 11:52 AM
hellosailor
Re: docks on ICW

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?"
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