Interesting. Untie it and let it go. So when a boat with a family of 5 hits that unlit drifting boat that you untied, the risk of injury, property damage, and legal problems for a hazard you created are something you are comfortable with?

Maybe your mother forgot to explain that actions have consequences.

Can we get Marine Patrol to weight in on this issue, to see what they are inclined to do for the OP?

Regarding Loon's post, criminal trespassing is different than trespassing. The neighbor did not commit a crime. I am fairly confident that the police would not want to be involved.

Regarding Tilton's post, I think the risk would be very low, and if after speaking to the person and asking/demanding that the boat be removed, absent a physical altercation, what would you suggest? Hiring an attorney, going to court, obtaining a court order, and having that court order ignored or laughed at? I wouldn't have the time or the patience. Maybe a physical altercation is the only alternative, but one that should be avoided. Also, although not stated, in my scenario, the neighbor would be informed that his boat was no longer on the dock so I doubt the family of five would be in any danger. I would hope that the neighbor would care enough to retrieve it.

If the property had been posted, wouldn't trespassing be a crime? Posting might provide a remedy for any future trespassing.

Let me remind you of how ish works in "real life".....

You set a boat adrift because you are entitled...... Then this.....

https://www.winnipesaukee.com/forums...ad.php?t=23775

or this

https://www.winnipesaukee.com/forums...ad.php?t=24587

WTH

Untie the boat. Walk it out about 30 feet. Drop its anchor.

You must have a friend or know someone who has an extra boat they are not using for a week. Just ask them if they mind have it docked on your dock. Hence, no space for the rude next door neighbor. Problem Solved ! Yw..

This is an interesting topic and a slippery slope.
Untying the boat and releasing or anchoring it is almost certainly criminal.
The neighbor docking on another deck is something that should probably be litigated in state court.
The lake, starting at the high water mark is state property and as a result, property ownership claims are goin to be tough to argue...
If the neighbor were to come and go by way of water, without actually trespassing on the land the dock is adjacent to, the case would be very interesting.
I hope this makes it to court, it could change a lot for the shore of lake winnipesaukee.
We were in the boat last night and I was thinking about all of the trampolines and rafts on the lake without permit.... does a property owner have the right to ban a passerby from using them if accessed by water?

Are you being serious Patiently?????

While we are at it, why doesn't Water Camper feel free to take his neighbors' boat for a ride any time he wants.

Another option.....
 

Post your dock, No Trespassing/Docking - Violators will be towed.

They dock, you have them towed! No different than parking in your driveway!


Woodsy

This whole thread makes me appreciate my neighbors! They are always there to lend a helping hand (including dock space as needed) as do I.

an older thread on this subject

https://www.winnipesaukee.com/forums...ighlight=towed

One of my suggestions, for a sign.

To the owner of ________________________________

They say the boat you should not rock
but you need permission before you dock.

Here you stand broken hearted
'cause your boat has pre-departed.

To Glendale MPHQ you must go
to pay the impound fees you now owe.

I agree. Do it all the time. No big deal but then again us islanders tend to be a little more laid back about such things. I mean we have folks walking through our property all the time too, tis part of the way of life out there and I personally think it adds to the awesomeness of island life.

I don't get your point. In this instance, a not-so-neighborly neighbor is treating the OP's personal property as his own. He is impinging the OP's rights as a property owner. The OP did nothing wrong and merely wanted to quietly enjoy HIS property. In the two cases you referenced, persons high on alcohol and drugs, respectively, criminally killed several people while operating a motor vehicle. I think it is the height of hyperbole and an exaggeration to suggest that an untied boat could create such a danger, especially when the owner of the boat has notice of it being untied.

For the record, if it was my neighbor, of course I would let him use the slip in case of emergency or a last minute need. I get along great with my neighbors because I respect their rights and the respect mine. This is not the case in this thread. The OP HAD TO GO TO COURT TO ENFORCE HIS RIGHTS! Am I the only one that finds this completely unacceptable?! I would not give an inch to that neighbor. His behavior changes everything.

Dock space
 

We share dock space with our island neighbors ALL THE TIME! It is done with mutual courtesy, respect and most importantly...permission.

If I arrived to the island one day and an unknown boat was tied up at my dock I'd be pretty pi$$ed, however, if a note was left with explanation, name & phone #, or some indication that there may have been an emergency, I'd be ok with it for a day or so as long I can communicate with the owner.

Communication is key.

Kamper, thank you for the thread. I love the idea of throwing bread and sardines on his boat to attract birds! I think you have solved the problem. ;-)

Getting back to the initial question, I don't see why leaving your boat tied to a private dock you don't own would be viewed any differently than leaving your car parked in a private driveway you don't own. You shouldn't be surprised if it gets towed. Yes the dock is in public waters but the end of my driveway is in the road right of way and I'm pretty certain that doesn't mean someone can park in the end of my driveway and block it off. Does anyone know what the legal ramifications would be, if any, if one were to have that boat towed away? Where is Skip to weigh in on this issue?

This was answered in the prior thread provided by Kamper. Difficult, if not impossible to find someone to tow the boat. Marine patrol won't do it. Private tow boats won't either. Also, I'm not sure how it works with a car parked in a private driveway. If I call a tow company to tow a car parked in my parking space without permission, does the tow company automatically just tow the car? Again this is a civil issue, not criminal. My guess is that you would have to get a court order to tow the vehicle.

You don't need a court order to tow a boat anymore than they need a court order to tow a parked car.... They tow in the Weirs all the time when people park in private spots. Gulbicki's Towing gets all the Gringo tows.

The issue is that the towboat companies probably do not have a storage spot for a towed boat...

Woodsy

Seems like moving the boat a short distance of 25-yards and dropping anchor, or tying it to a big cinder block, underwater, could both remove it, and keep it safe.

What would Judge Judy say about that?

The trouble is...you shouldn't have to be doing this in the first place!

Chill
 

IMHO, this thread exemplifies what is wrong in our society today.

Someone comes late to the party and uses a dock that they don’t have a “right” to use. Then they are, maybe, a bit slow or lazy at moving the boat away.

Immediately the discussion goes to “MY rights” and then to most every suggestion short of blowing the boat out of the water. My guess is that could be coming soon. Sounds like a great neighborhood!

There appears to be some sort of history with a prior owner/generation, but I suspect whoever left the boat at the dock was simply, at best, moving slow or just on a different schedule than others.

Maybe, just work it out without the dramatics!

I think the history defines the recourse. If you're so chill give me the keys to your car and I'll give it back when I feel like. My timing may no suit your timing. I may be slow or lazy. After all, your so-called "rights" in your car can't be any more or less than the so-called "rights" of the dock owner.

Hillcountry, is this before or after Judge Judy asks whether he has a job! I love it when she does that!

Please, their schedule has nothing to do with trespassing on someones property! Lucky it wasn't mine I would have had it towed as soon as I didn't see a note explaining why it was there. And to answer your statement that as a dock owner you have no right to be upset that someone dumped a boat where it shouldn't be docked I should wait. SORRY YOU ARE 100% WRONG!

This is one of those trolling attempts right? I mean I can never tell. I get asked some pretty incredible questions all the time and well it's my job to answer them so I always assume the person asking is serious but in this case this is a joke, right?

I guess I bit. I'm trying to get the hook out of my mouth.

Just goes to show how this nation has devolved... I'm pretty sure it won't end well in the near future.

This post actually cleared up SO MUCH confusion that I had with your qualifications.
Thank You!

My guess it’s the “chill” kid that used the OP’s dock...sounds just like one of the “me me me” me-linniels...

Sorry but you have it back-asswards...
What is “wrong in our society” is exemplified in...wait for it....YOUR OWN POST.
You portray exactly, the kind of attitude that is taking this country down.
Chill my ass...

Ah. Success
 

If so, Good trolling. 68 responses. However, the OP came back with additional info about a court order, which I think was crucial. I just don't know here, but I've been in similar situations so I give the benefit of the doubt to the OP.

OP: It would seem that you do indeed have a viable remedy.

Given that you have a court order prohibiting them from using your dock, your remedy is to file an action for contempt of court (or whatever the equivalent action is called in the Granite State).

If he/they violated a court order the go back to court with the evidence and let the court deal with it.

a question - was the boat impinging on the OP’s ability to use his dock? If it was a space that is normally open what’s the big deal if the neighbor didn’t respond immediately? I do agree however that they should ask. Sounds like there is more to this story of neighbor on neighbor crime. Maybe a fence on the property line fixes the issue.


Sent from my iPhone using Winnipesaukee Forum mobile app

I am astounded by the responses. So the OP is supposed to take a day out of work, hire an attorney, and essentially re-litigate an issue that was already resolved in his favor. I've been involved in several contempt of court issues. It's not as easy as taking a photograph of the boat and saying the neighbor violated the court's order. You basically have to start from scratch. It's a very, very frustrating process.

I am also astounded by how easily people want to give away another person's property, all for maintaining an appearance of being a "good neighbor." Who's behavior is causing the issue? The OP or the neighbor? So if I have an extra dock slip, I should let my neighbor use it without permission so I can appear virtuous? Does this apply to excess parking spaces? To extra vehicles? Where does it end? It is the neighbor in this instance who broke the trust. He is not entitled to an ounce of mercy or grace in this situation.

I would like to follow up;

First I would never consider releasing a boat secured to my dock, although I would be tempted !!

I have followed up with the Laconia PD. They suggest that at the present time this is a civil matter. If I want to pursue this I would need to go back to court, ugly.

They did volunteer to come and talk with my neighbor if this does reoccur.

Hope this helps,
Bill

I would advise you to "Post" your dock with NO TRESPASSING signs to prevent reoccurring issues.

It beats going to Court if you can nip it in the bud.

Friends of ours
 

Some friends of ours allowed their neighbor (neighbor B) to dock their boat at their dock. It was agreeable and they were friends as well. It was always clear that the dock was on neighbors A's side of the property line and had paid for and installed the dock. Neighbors B (who used friends dock) sells house and then dies. Neighbor A also dies and leaves dock and house to family. Yes, they were older folk.

Still following? Neighbor C who bought house from neighbor B now claims he owns the dock that is on Neighbors A's land. Adverse possession is the claim and they are headed to court. Meanwhile neighbors C uses the dock as he pleases.

I know it will cost a lot of money to fight it out and if neighbor C can prove adverse possession he may win the dock.

Just goes to show you no good deed ever goes unpunished.

Not to worry, isn't it too bad that you can't be nice to anybody any more?

The fact pattern given here does not lead to adverse possession, based on the common understanding of the doctrine (I don't know what the New Hampshire common law precedent is). Specifically, the use of the dock by neighbor B was not "hostile."

https://www.law.cornell.edu/wex/adverse_possession