Breasting Up

[bag 'o' bones]

So what is the official line?

[Lady Muck]

deckchair/popcorn/ban button?

[mayalld]

So what is the official line?

 

There isn't one!

 

BW have no policy whatsoever.

EA have a policy of encouraging boaters to display a sticker if they are happy for people to breast up to them (and by elimination, if you don't display, you can choose not to permit it)

 

BW could use its powers under s43 to require it at any particular location (or generally), but in the absence of them doing so, it is up to the boater who is already moored whether he allows it.

 

Breasting up without permission is a trespass.

[RLWP]

Who's official line - BW, EA, CWDF?

 

Richard

[mayalld]

Who's official line - BW, EA, CWDF?

 

Richard

 

Does CWDF have an official line on anything?

[carlt]

 

Breasting up without permission is a trespass.

School run but this is going to be fun, when I get back.

[Morat]

Trespass the civil offence that the police are not interested in?

[Dalesman]

Trespass the civil offence that the police are not interested in?

Would love to know how mooring against another boat becomes trespass, and by what law..?

Edited February 8, 2011 by Dalesman

[Heffalump]

That's the badger

[Morat]

and some relevant cases would be nice to see....

Edited February 8, 2011 by Morat

[mayalld]

Trespass the civil offence that the police are not interested in?

 

Yes

[Dalesman]

Is this breasting up then..?

[mayalld]

Would love to know how mooring against another boat becomes trespass, and by what law..?

 

Trespass to goods (as opposed to trespass to land, which is the form of trespass most usually meant when mentioning trespass), a tort at common law.

 

As with any trespass, the owner of the goods trepassed upon can take reasonable actions to remove the trespass.

[Naughty Cal]

Trespass to goods (as opposed to trespass to land, which is the form of trespass most usually meant when mentioning trespass), a tort at common law.

 

As with any trespass, the owner of the goods trepassed upon can take reasonable actions to remove the trespass.

 

What reasonable action would you take, if for instance you come back to your boat which is moored on a river navigation and you find another boat rafted alongside?

[sociable_hermit]

What reasonable action would you take, if for instance you come back to your boat which is moored on a river navigation and you find another boat rafted alongside?

I'd get the kettle on.

 

Does that help?

[mayalld]

What reasonable action would you take, if for instance you come back to your boat which is moored on a river navigation and you find another boat rafted alongside?

 

My first step would be to attempt to locate the owner, and ask him to remove his boat.

[Naughty Cal]

I'd get the kettle on.

 

Does that help?

 

I'd get the beers out, but im interested to see someones stance who is set against breasting up

 

My first step would be to attempt to locate the owner, and ask him to remove his boat.

 

The owner has gone out for the day.

[mayalld]

I'd get the beers out, but im interested to see someones stance who is set against breasting up

 

 

 

The owner has gone out for the day.

 

If practicable, I will move his boat elsewhere.

[Naughty Cal]

If practicable, I will move his boat elsewhere.

 

The mooring is full, all other boats are rafted up and the riverbank is privately owned.

[Tam & Di]

So what is the official line?

 

My official line is 22mm Nelson spun polypropylene, but I suspect parcel string might be the answer from most n/b owners.

 

I don't know if UK river navigations have anything to say in their by-laws, but just about all the continental countries say something to the effect that the owner of any moored craft must allow another to tie alongside unless that would impede navigation, and that the owner must permit the crew and occupants of that vessel access to the shore across theirs.

 

Or did you mean breasting up while under way?

 

Is this breasting up then..?

 

i know commercial vessels have to have an on-board dinghy or life craft, but this is ridiculous!

[carlt]

Trespass to goods (as opposed to trespass to land, which is the form of trespass most usually meant when mentioning trespass), a tort at common law.

 

As with any trespass, the owner of the goods trepassed upon can take reasonable actions to remove the trespass.

Trespass to chattels, or goods, relies on intent to interfere with possession, or cause damage.

 

I could come along and breast up, against your boat, cock it up and put my bows through your window.

 

You could then sue me (though I would hope that our insurance companies would deal wit it) but not using trespass, because there was no intent.

[mayalld]

The mooring is full, all other boats are rafted up and the riverbank is privately owned.

 

A pity that he didn't consider that my boat is equally privately owned isn't it?

[Tam & Di]

If practicable, I will move his boat elsewhere.

 

 

..... and become legally liable for any damage which might subsequently occur to the moved craft.

[Gunna Do]

If practicable, I will move his boat elsewhere.

 

It then becomes YOUR responsibility if something goes wrong!

[mayalld]

..... and become legally liable for any damage which might subsequently occur to the moved craft.

 

OK, Phylis has postulated that the owner is not there. What if I wish to leave the mooring? Are you saying that I cannot do so because I might become liable for any damage to the moved craft?