Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Edward Levert via CnC-List]

Following Hurricane Katrina, perhaps a dozen boats that survived were abandoned 
in the city run marina. Boats that only needed sails put back on to be usable. 
Pearsons, Rangers, Columbias , etc. The city’s solution as to what to do with 
them? Simple. Just let them sink in the slips. There they sit waiting for the 
harbor reconstruction to begin so they can be raised and scrapped. Too novel 
for the city to seize and sell them. 12+ years after the storm we are still 
waiting for work to start. I think the hold up now is infighting over who 
receives the most kickbacks out of reconstruction. 

Ed Levert
C 34 Briarpatch
New Orleans

>  
>  
>  
> 
>   
___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Don Wagner via CnC-List]

We had an abandoned derelict boat in our area for a long time. Neighbors, 
Community Associations, DNR police, etc were unable or unwilling to get rid of 
it. No one could decide on whose responsibility it was, or what laws applied. 
There was quite a bit of discontent. Eventually some one decided that they 
would cut it loose, and tie it to an official navigational buoy. I suspect that 
it was done in the middle of a moonless night It was reported to the USCG, and 
within a day or two they removed it and it was never seen again!

Something about it being illegal to tie up to a navigational buoy, I suppose.

Don Wagner 
C 41 CB
Der Baron

From: Jack Brennan via CnC-List 
Sent: Friday, November 10, 2017 9:35 AM
To: cnc-list@cnc-list.com 
Cc: Jack Brennan 
Subject: Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

Sounds like an abandoned vessel to me. It is common in Florida for people with 
decrepit boats in the water to simply anchor them and row away to avoid paying 
salvage costs. Of course, they scrape off all identifying numbers.

Is there an anchorage nearby? Any tackle onboard? I’ve heard of people moving 
abandoned boats after being frustrated by the unwillingness of the authorities 
to deal with the problem. Maybe you use an old Danforth from your garage with 
some rusty chain and 100 feet of scrap rode.

Jack Brennan
Former C 25
Shanachie, 1974 Bristol 30
Tierra Verde, Fl.


From: Rick Brass via CnC-List 
Sent: Thursday, November 09, 2017 10:42 PM
To: cnc-list@cnc-list.com 
Cc: Rick Brass 
Subject: Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

Edd, I hate to say it but you’re involved in a bucket of s … well, let’s say a 
can of worms.

 

Some states have abandoned and derelict boat laws, most don’t seem to. And 
local laws are sometimes conflicting and hard to find. (For example, the local 
regulations in New Bern, NC are part of the local zoning code and Oriental, NC 
– where there are more sailboats than people – has no regulation at all.) I 
wouldn’t expect too much from the USCG because they seem to be pretty 
disinterested unless the offending boat is a hazard to navigation. I’m rapidly 
gaining expertise on this because of growing problems we’re having in the 
harbor an Washington, NC, where I manage the municipal marina.

 

In North Carolina you can send a registered letter to the last owner of record 
for the offending boat. If he doesn’t claim the letter in 30 days, or if he 
gets the letter but does nothing, you can go to the State and apply for title 
to the vessel, which takes another couple of weeks. Then you can move, sell, 
dispose of, or scrap the boat because it is yours.

 

I’d start by contacting the state agency that handles registration of boats in 
the state where the boat is currently. They can tell you what your options are.

 

Rick Brass

Washington, NC

 

 

 



 Virus-free. www.avast.com  




___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Jack Brennan via CnC-List]

Sounds like an abandoned vessel to me. It is common in Florida for people with 
decrepit boats in the water to simply anchor them and row away to avoid paying 
salvage costs. Of course, they scrape off all identifying numbers.

Is there an anchorage nearby? Any tackle onboard? I’ve heard of people moving 
abandoned boats after being frustrated by the unwillingness of the authorities 
to deal with the problem. Maybe you use an old Danforth from your garage with 
some rusty chain and 100 feet of scrap rode.

Jack Brennan
Former C 25
Shanachie, 1974 Bristol 30
Tierra Verde, Fl.


From: Rick Brass via CnC-List
Sent: Thursday, November 09, 2017 10:42 PM
To: cnc-list@cnc-list.com
Cc: Rick Brass
Subject: Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

Edd, I hate to say it but you’re involved in a bucket of s … well, let’s say a 
can of worms.



Some states have abandoned and derelict boat laws, most don’t seem to. And 
local laws are sometimes conflicting and hard to find. (For example, the local 
regulations in New Bern, NC are part of the local zoning code and Oriental, NC 
– where there are more sailboats than people – has no regulation at all.) I 
wouldn’t expect too much from the USCG because they seem to be pretty 
disinterested unless the offending boat is a hazard to navigation. I’m rapidly 
gaining expertise on this because of growing problems we’re having in the 
harbor an Washington, NC, where I manage the municipal marina.



In North Carolina you can send a registered letter to the last owner of record 
for the offending boat. If he doesn’t claim the letter in 30 days, or if he 
gets the letter but does nothing, you can go to the State and apply for title 
to the vessel, which takes another couple of weeks. Then you can move, sell, 
dispose of, or scrap the boat because it is yours.



I’d start by contacting the state agency that handles registration of boats in 
the state where the boat is currently. They can tell you what your options are.



Rick Brass

Washington, NC









---
This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Rick Brass via CnC-List]

Edd, I hate to say it but you’re involved in a bucket of s … well, let’s say a 
can of worms.

 

Some states have abandoned and derelict boat laws, most don’t seem to. And 
local laws are sometimes conflicting and hard to find. (For example, the local 
regulations in New Bern, NC are part of the local zoning code and Oriental, NC 
– where there are more sailboats than people – has no regulation at all.) I 
wouldn’t expect too much from the USCG because they seem to be pretty 
disinterested unless the offending boat is a hazard to navigation. I’m rapidly 
gaining expertise on this because of growing problems we’re having in the 
harbor an Washington, NC, where I manage the municipal marina.

 

In North Carolina you can send a registered letter to the last owner of record 
for the offending boat. If he doesn’t claim the letter in 30 days, or if he 
gets the letter but does nothing, you can go to the State and apply for title 
to the vessel, which takes another couple of weeks. Then you can move, sell, 
dispose of, or scrap the boat because it is yours.

 

I’d start by contacting the state agency that handles registration of boats in 
the state where the boat is currently. They can tell you what your options are.

 

Rick Brass

Washington, NC

 

 

 

From: CnC-List [mailto:cnc-list-boun...@cnc-list.com] On Behalf Of Edd Schillay 
via CnC-List
Sent: Thursday, November 9, 2017 12:43 PM
To: cnc-list@cnc-list.com
Cc: Edd Schillay <e...@schillay.com>
Subject: Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

 

Thanks to all for the comments and local/national laws. 

 

Update: I finally heard back from a Moorings and Ways Chairman, who said that 
the boat was supposed to be on someone else’s mooring, not mine. The are 
reaching out to the owner of the other mooring and will relocate the boat ASAP. 

 

If it’s not gone by Monday morning, I’ll contact the coast guard and cops. 


All the best,

 

Edd

 

 

Edd M. Schillay

Starship Enterprise

C 37+ | Sail No: NCC-1701-B

City Island, NY 

Starship Enterprise's Captain's Log <http://enterpriseb.blogspot.com/> 

 




 










On Nov 9, 2017, at 12:31 PM, Dennis C. via CnC-List <cnc-list@cnc-list.com 
<mailto:cnc-list@cnc-list.com> > wrote:

 

First, I'd search the laws and regulations concerning that particular mooring 
field.  What documents do you have concerning your right to your gear and that 
location, i.e. permits, etc.?  Like this:

 

http://codes.findlaw.com/ny/navigation-law/nav-sect-46-a.html

 

Once you determine what your rights are and have located and re-read your 
permitting documents, call the public safety department which has jurisdiction 
over the mooring field.  

 

The bad news is you may have to start an eviction process which may take 
several weeks.  The good news, you don't need the mooring for several months.

 

Dennis C.

Touche' 35-1 #83

Mandeville, LA

 

On Thu, Nov 9, 2017 at 10:42 AM, Edd Schillay via CnC-List 
<cnc-list@cnc-list.com <mailto:cnc-list@cnc-list.com> > wrote:

Listers,

 

Looking for some advice/experience on this non-C issue:

 

As most of you know, I hauled the Enterprise for the winter about a month ago. 
The company that winterizes moorings has informed me this morning that a boat 
(no mast) has been on my mooring for a few weeks now (without my permission or 
knowledge.) 

 

The mooring is owned by me. Same with the mooring ball and gear. There is 
nothing that is attached to this mystery boat that can be considered club owned 
or public domain. 

 

I have reached out to the club to see if they know anything about it, but no 
response. My club is very loose when it comes to people’s property and rights. 

 

Anyone have any suggestions on what my next steps would be? TowBoat US doesn’t 
seem to want to touch it. Do I call the police? What would they do? What can I 
do? I’m under the impression that this falls under theft and trespassing. 

 

Any thoughts?  


All the best,

 

Edd

 

 

Edd M. Schillay

Starship Enterprise

C 37+ | Sail No: NCC-1701-B

City Island, NY 

Starship Enterprise's Captain's Log <http://enterpriseb.blogspot.com/> 

 








 






 


___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray



 

___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

 

___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Jerome Tauber via CnC-List]

https://www.winnipesaukee.com/forums/showthread.php?t=834=cast+adrift

Jerry 

Sent from my iPhone

> On Nov 9, 2017, at 12:31 PM, Dennis C. via CnC-List  
> wrote:
> 
> First, I'd search the laws and regulations concerning that particular mooring 
> field.  What documents do you have concerning your right to your gear and 
> that location, i.e. permits, etc.?  Like this:
> 
> http://codes.findlaw.com/ny/navigation-law/nav-sect-46-a.html
> 
> Once you determine what your rights are and have located and re-read your 
> permitting documents, call the public safety department which has 
> jurisdiction over the mooring field.  
> 
> The bad news is you may have to start an eviction process which may take 
> several weeks.  The good news, you don't need the mooring for several months.
> 
> Dennis C.
> Touche' 35-1 #83
> Mandeville, LA
> 
>> On Thu, Nov 9, 2017 at 10:42 AM, Edd Schillay via CnC-List 
>>  wrote:
>> Listers,
>> 
>> Looking for some advice/experience on this non-C issue:
>> 
>> As most of you know, I hauled the Enterprise for the winter about a month 
>> ago. The company that winterizes moorings has informed me this morning that 
>> a boat (no mast) has been on my mooring for a few weeks now (without my 
>> permission or knowledge.) 
>> 
>> The mooring is owned by me. Same with the mooring ball and gear. There is 
>> nothing that is attached to this mystery boat that can be considered club 
>> owned or public domain. 
>> 
>> I have reached out to the club to see if they know anything about it, but no 
>> response. My club is very loose when it comes to people’s property and 
>> rights. 
>> 
>> Anyone have any suggestions on what my next steps would be? TowBoat US 
>> doesn’t seem to want to touch it. Do I call the police? What would they do? 
>> What can I do? I’m under the impression that this falls under theft and 
>> trespassing. 
>> 
>> Any thoughts?  
>> 
>> All the best,
>> 
>> Edd
>> 
>> 
>> Edd M. Schillay
>> Starship Enterprise
>> C 37+ | Sail No: NCC-1701-B
>> City Island, NY 
>> Starship Enterprise's Captain's Log
>> 
>> 
>> 
>> 
>> 
>>  
>> 
>> 
>> 
>> 
>> 
>> ___
>> 
>> Thanks everyone for supporting this list with your contributions.  Each and 
>> every one is greatly appreciated.  If you want to support the list - use 
>> PayPal to send contribution --   https://www.paypal.me/stumurray
>> 
>> 
> 
> ___
> 
> Thanks everyone for supporting this list with your contributions.  Each and 
> every one is greatly appreciated.  If you want to support the list - use 
> PayPal to send contribution --   https://www.paypal.me/stumurray
> 
___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Edd Schillay via CnC-List]

Thanks to all for the comments and local/national laws. 

Update: I finally heard back from a Moorings and Ways Chairman, who said that 
the boat was supposed to be on someone else’s mooring, not mine. The are 
reaching out to the owner of the other mooring and will relocate the boat ASAP. 

If it’s not gone by Monday morning, I’ll contact the coast guard and cops. 

All the best,

Edd


Edd M. Schillay
Starship Enterprise
C 37+ | Sail No: NCC-1701-B
City Island, NY 
Starship Enterprise's Captain's Log 







> On Nov 9, 2017, at 12:31 PM, Dennis C. via CnC-List  
> wrote:
> 
> First, I'd search the laws and regulations concerning that particular mooring 
> field.  What documents do you have concerning your right to your gear and 
> that location, i.e. permits, etc.?  Like this:
> 
> http://codes.findlaw.com/ny/navigation-law/nav-sect-46-a.html 
> 
> 
> Once you determine what your rights are and have located and re-read your 
> permitting documents, call the public safety department which has 
> jurisdiction over the mooring field.  
> 
> The bad news is you may have to start an eviction process which may take 
> several weeks.  The good news, you don't need the mooring for several months.
> 
> Dennis C.
> Touche' 35-1 #83
> Mandeville, LA
> 
> On Thu, Nov 9, 2017 at 10:42 AM, Edd Schillay via CnC-List 
> > wrote:
> Listers,
> 
> Looking for some advice/experience on this non-C issue:
> 
> As most of you know, I hauled the Enterprise for the winter about a month 
> ago. The company that winterizes moorings has informed me this morning that a 
> boat (no mast) has been on my mooring for a few weeks now (without my 
> permission or knowledge.) 
> 
> The mooring is owned by me. Same with the mooring ball and gear. There is 
> nothing that is attached to this mystery boat that can be considered club 
> owned or public domain. 
> 
> I have reached out to the club to see if they know anything about it, but no 
> response. My club is very loose when it comes to people’s property and 
> rights. 
> 
> Anyone have any suggestions on what my next steps would be? TowBoat US 
> doesn’t seem to want to touch it. Do I call the police? What would they do? 
> What can I do? I’m under the impression that this falls under theft and 
> trespassing. 
> 
> Any thoughts?  
> 
> All the best,
> 
> Edd
> 
> 
> Edd M. Schillay
> Starship Enterprise
> C 37+ | Sail No: NCC-1701-B
> City Island, NY 
> Starship Enterprise's Captain's Log 
> 
> 
> 
> 
> 
>   
> 
> 
> 
> 
> 
> ___
> 
> Thanks everyone for supporting this list with your contributions.  Each and 
> every one is greatly appreciated.  If you want to support the list - use 
> PayPal to send contribution --   https://www.paypal.me/stumurray 
> 
> 
> 
> 
> ___
> 
> Thanks everyone for supporting this list with your contributions.  Each and 
> every one is greatly appreciated.  If you want to support the list - use 
> PayPal to send contribution --   https://www.paypal.me/stumurray
> 

___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Dennis C. via CnC-List]

First, I'd search the laws and regulations concerning that particular
mooring field.  What documents do you have concerning your right to your
gear and that location, i.e. permits, etc.?  Like this:

http://codes.findlaw.com/ny/navigation-law/nav-sect-46-a.html

Once you determine what your rights are and have located and re-read your
permitting documents, call the public safety department which has
jurisdiction over the mooring field.

The bad news is you may have to start an eviction process which may take
several weeks.  The good news, you don't need the mooring for several
months.

Dennis C.
Touche' 35-1 #83
Mandeville, LA

On Thu, Nov 9, 2017 at 10:42 AM, Edd Schillay via CnC-List <
cnc-list@cnc-list.com> wrote:

> Listers,
>
> Looking for some advice/experience on this non-C issue:
>
> As most of you know, I hauled the Enterprise for the winter about a month
> ago. The company that winterizes moorings has informed me this morning that
> a boat (no mast) has been on my mooring for a few weeks now (without my
> permission or knowledge.)
>
> The mooring is owned by me. Same with the mooring ball and gear. There is
> nothing that is attached to this mystery boat that can be considered club
> owned or public domain.
>
> I have reached out to the club to see if they know anything about it, but
> no response. My club is very loose when it comes to people’s property and
> rights.
>
> Anyone have any suggestions on what my next steps would be? TowBoat US
> doesn’t seem to want to touch it. Do I call the police? What would they do?
> What can I do? I’m under the impression that this falls under theft and
> trespassing.
>
> Any thoughts?
>
> All the best,
>
> Edd
>
>
> Edd M. Schillay
> Starship Enterprise
> C 37+ | Sail No: NCC-1701-B
> City Island, NY
> Starship Enterprise's Captain's Log 
>
>
>
>
>
>
>
>
>
>
> ___
>
> Thanks everyone for supporting this list with your contributions.  Each
> and every one is greatly appreciated.  If you want to support the list -
> use PayPal to send contribution --   https://www.paypal.me/stumurray
>
>
>
___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[ALAN BERGEN via CnC-List]

Does the boat have a current registration? Your state Marine Board should
be able to tell you who the owner is, and how to get in touch with
him/her.  In Portland, there are some homeless people who live on run down
boats.  Perhaps there is a homeless person using it, or it might be a
stolen boat.  Good luck.

Alan Bergen
35 Mk III Thirsty
Rose City YC
Portland, OR

On Thu, Nov 9, 2017 at 8:42 AM, Edd Schillay via CnC-List <
cnc-list@cnc-list.com> wrote:

> Listers,
>
> Looking for some advice/experience on this non-C issue:
>
> As most of you know, I hauled the Enterprise for the winter about a month
> ago. The company that winterizes moorings has informed me this morning that
> a boat (no mast) has been on my mooring for a few weeks now (without my
> permission or knowledge.)
>
> The mooring is owned by me. Same with the mooring ball and gear. There is
> nothing that is attached to this mystery boat that can be considered club
> owned or public domain.
>
> I have reached out to the club to see if they know anything about it, but
> no response. My club is very loose when it comes to people’s property and
> rights.
>
> Anyone have any suggestions on what my next steps would be? TowBoat US
> doesn’t seem to want to touch it. Do I call the police? What would they do?
> What can I do? I’m under the impression that this falls under theft and
> trespassing.
>
> Any thoughts?
>
> All the best,
>
> Edd
>
>
> Edd M. Schillay
> Starship Enterprise
> C 37+ | Sail No: NCC-1701-B
> City Island, NY
> Starship Enterprise's Captain's Log
> 
>
>
>
>
>
>
>
>
>
>
> ___
>
> Thanks everyone for supporting this list with your contributions.  Each
> and every one is greatly appreciated.  If you want to support the list -
> use PayPal to send contribution --   https://urldefense.proofpoint.
> com/v2/url?u=https-3A__www.paypal.me_stumurray=DwICAg=
> clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI=
> 9w3G7Cf8YfQnrjmtuNxwDJYr3JMv9f1pAfgAJ9xXYQQ=2ZHVLkV04_
> nlYwBRaoSj16evV3kGaui8AzESPow-gwc=E_QuIy53yIZ6VMUWwThJcCBO7wdeWNP8
> XfZLYPpYpYU=
>
>
>


-- 
Alan Bergen
35 Mk III Thirsty
Rose City YC
Portland, OR
___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Chuck Gilchrest via CnC-List]

Edd,

Just so you know, you only own the tackle, not the actual “mooring” or space 
underwater in which your gear is located.  As I understand the law, if it is a 
navigable waterway, ultimately the Army Corps of Engineers has final 
jurisdiction.

Is the mooring field in any way regulated by the town, city, or county in which 
the mooring is located?  I’m assuming there’s no harbormaster or else that 
would have been your first call.  In most municipalities having public mooring 
fields, you likely pay a waterways fee or some other fee to a regulating 
authority, especially if you own your mooring tackle.  Sometimes the State EPA 
has some oversight of waterway use.   New York State Marine Police would be the 
next option if the city has no regulatory options for the harbor.  If you get 
no satisfaction from them, you can simply remove the boat from the mooring and 
let Mother Nature sort it out.

Lastly, you could call the Coast Guard and claim that there was a derelict 
vessel adrift and you prevented damaging other boats by putting it on your 
mooring.  Then ask them to retrieve it..

 

Do you pull out your mooring tackle at the end of the season to prevent damage 
from freezing etc?

If you replace your top gear with a winter stick, I would do that at your 
soonest possible time to prevent mooring poachers from latching on to your 
mooring moving forward.

Chuck Gilchrest

S/V Half Magic

1983 Landfall 35

Pandaram, MA

 

From: CnC-List [mailto:cnc-list-boun...@cnc-list.com] On Behalf Of Edd Schillay 
via CnC-List
Sent: Thursday, November 9, 2017 11:42 AM
To: Edd Schillay via CnC-List <cnc-list@cnc-list.com>
Cc: Edd Schillay <e...@schillay.com>
Subject: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

 

Listers,

 

Looking for some advice/experience on this non-C issue:

 

As most of you know, I hauled the Enterprise for the winter about a month ago. 
The company that winterizes moorings has informed me this morning that a boat 
(no mast) has been on my mooring for a few weeks now (without my permission or 
knowledge.) 

 

The mooring is owned by me. Same with the mooring ball and gear. There is 
nothing that is attached to this mystery boat that can be considered club owned 
or public domain. 

 

I have reached out to the club to see if they know anything about it, but no 
response. My club is very loose when it comes to people’s property and rights. 

 

Anyone have any suggestions on what my next steps would be? TowBoat US doesn’t 
seem to want to touch it. Do I call the police? What would they do? What can I 
do? I’m under the impression that this falls under theft and trespassing. 

 

Any thoughts?  


All the best,

 

Edd

 

 

Edd M. Schillay

Starship Enterprise

C 37+ | Sail No: NCC-1701-B

City Island, NY 

Starship Enterprise's Captain's Log <http://enterpriseb.blogspot.com/> 

 





   

 






 

___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Della Barba, Joe via CnC-List]

This is kind of tricky.
If you just untie the boat, you can be liable for it and anything it hits.
If you leave the boat, you might be liable if your mooring lets go or they try 
and pretend it did.
If they are there for a long time, they might try and make like they own the 
mooring.
The boat could sink and drag your mooring down with it.
First people I would call are your DNR police or whatever you call the water 
cops there.
I would also leave a note on the boat.
If none of that works, midnight relocation to a marina or ??

When I caught someone on my mooring they tried to tell ME to go find another 
one. We told them they had 5 minutes before we boarded and cut them loose. That 
was plenty of time for him and his girlfriend to put their clothes back on, 
aided by our spotlights LOL

Joe
Coquina

From: CnC-List [mailto:cnc-list-boun...@cnc-list.com] On Behalf Of Edd Schillay 
via CnC-List
Sent: Thursday, November 09, 2017 11:42 AM
To: Edd Schillay via CnC-List <cnc-list@cnc-list.com>
Cc: Edd Schillay <e...@schillay.com>
Subject: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

Listers,

Looking for some advice/experience on this non-C issue:

As most of you know, I hauled the Enterprise for the winter about a month ago. 
The company that winterizes moorings has informed me this morning that a boat 
(no mast) has been on my mooring for a few weeks now (without my permission or 
knowledge.)

The mooring is owned by me. Same with the mooring ball and gear. There is 
nothing that is attached to this mystery boat that can be considered club owned 
or public domain.

I have reached out to the club to see if they know anything about it, but no 
response. My club is very loose when it comes to people’s property and rights.

Anyone have any suggestions on what my next steps would be? TowBoat US doesn’t 
seem to want to touch it. Do I call the police? What would they do? What can I 
do? I’m under the impression that this falls under theft and trespassing.

Any thoughts?

All the best,

Edd


Edd M. Schillay
Starship Enterprise
C 37+ | Sail No: NCC-1701-B
City Island, NY
Starship Enterprise's Captain's Log<http://enterpriseb.blogspot.com/>











___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Danny Haughey via CnC-List]

Hi Edd

Have you asked the Harbormaster about it?  You'd probably get all the 
info you need right there.


Danny


On 11/9/2017 11:42 AM, Edd Schillay via CnC-List wrote:

Listers,

Looking for some advice/experience on this non-C issue:

As most of you know, I hauled the Enterprise for the winter about a 
month ago. The company that winterizes moorings has informed me this 
morning that a boat (no mast) has been on my mooring for a few weeks 
now (without my permission or knowledge.)


The mooring is owned by me. Same with the mooring ball and gear. There 
is nothing that is attached to this mystery boat that can be 
considered club owned or public domain.


I have reached out to the club to see if they know anything about it, 
but no response. My club is very loose when it comes to people’s 
property and rights.


Anyone have any suggestions on what my next steps would be? TowBoat US 
doesn’t seem to want to touch it. Do I call the police? What would 
they do? What can I do? I’m under the impression that this falls under 
theft and trespassing.


Any thoughts?

All the best,

Edd


Edd M. Schillay
Starship Enterprise
C 37+ | Sail No: NCC-1701-B
City Island, NY
Starship Enterprise's Captain's Log 







___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray



___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

Stus-List Mooring Rights -- Any "Sea Lawyers" on the List?

[Edd Schillay via CnC-List]

Listers,

Looking for some advice/experience on this non-C issue:

As most of you know, I hauled the Enterprise for the winter about a month ago. 
The company that winterizes moorings has informed me this morning that a boat 
(no mast) has been on my mooring for a few weeks now (without my permission or 
knowledge.) 

The mooring is owned by me. Same with the mooring ball and gear. There is 
nothing that is attached to this mystery boat that can be considered club owned 
or public domain. 

I have reached out to the club to see if they know anything about it, but no 
response. My club is very loose when it comes to people’s property and rights. 

Anyone have any suggestions on what my next steps would be? TowBoat US doesn’t 
seem to want to touch it. Do I call the police? What would they do? What can I 
do? I’m under the impression that this falls under theft and trespassing. 

Any thoughts?  

All the best,

Edd


Edd M. Schillay
Starship Enterprise
C 37+ | Sail No: NCC-1701-B
City Island, NY 
Starship Enterprise's Captain's Log 










___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray