BW and Mooring Licence?

[ReggieRareBreed]

Help required.

I have a boat. I have a mooring on a farmer's field which has been agreed til April 2013.

I have a BSC, a BW Licence, Insurance..

Now, BW wants to charge me for mooring???

Any assistance appreciated..

Peace, Love and Laughter Reg XXX

[blackrose]

Yes, as I understand it BW have the right to charge you a mooring fee in addition to anything you pay to the farmer. I think it's calculated as half an average BW fee for a mooring without facilities in that area, but someone else may know more about that.

 

I think BW justify this on the basis that part of the bank on the offside is also theirs, in addition to the towpath side.

 

This doesn't apply on the Thames upstream of Staines - I think it's something to do with Riperian Rights which means that the freeholder adjacent to the river also owns the river bank, but I'd be interested to know if the EA levy an additional mooring charge on boaters with garden end moorings downstream of Staines?

Edited January 11, 2012 by blackrose

[bottle]

Reg

 

Standard practice, unless the farmer can prove riparian rights but they are as rare as hens teeth.

 

Check that the farmer is not including this fee in his charge.

 

Some charge the BW fee and then pass it on to BW others, as in possibly your case, leave it to you to pay.

 

Basically you have 'an end of garden' mooring and as Blackrose said in his first paragraph.

 

Although you are moored to the farmers bank, your boat is on BW waters, hence the charge.

[Laurie Booth]

When I was renting a bit of bank from a farmer on the K&A it worked out that I paid BW £10 per foot .I was also paying the farmer £10 per ft. This was about 3 years ago.

 

Give me the Canal De Midi anytime.

 

Edited January 11, 2012 by Laurie.Booth

[mayalld]

Help required.

I have a boat. I have a mooring on a farmer's field which has been agreed til April 2013.

I have a BSC, a BW Licence, Insurance..

Now, BW wants to charge me for mooring???

Any assistance appreciated..

 

Yes, that is how it works.

 

Unless your mooring provider enters into an agreement with BW, and pays them for the right to run a mooring, individual moorers have to pay an "End of Garden" fee direct to BW in addition to what they pay their landlord.

[Titus]

Yes thats right,

 

I pay for a BW Licence, Mooring fees to the owner of the land and then BW Moorings fees for which you'll be given another disc with a large 'M' on.

 

Dave

[Proper Job]

Put another way.....

 

On the offside, BW own the bank that you're moored to and the water that the boat's floating in and want paying. The farmer has granted you rights across his land to get to that bit of bank and also wants paying.

[ReggieRareBreed]

Many thanks to all who have replied..

Looks like I have to contact BW...

Peace, Love and Laughter Reg XXX

[Tam & Di]

Put another way.....

 

On the offside, BW own the bank that you're moored to and the water that the boat's floating in and want paying. The farmer has granted you rights across his land to get to that bit of bank and also wants paying.

 

This is not necessarily so. However even if there is no ransom strip (i.e. BW do not own any strip of bank on the off side) you will still be charged for occupancy of the particular bit of water and land beneath it which does belong to them. This was determined by the case BW v Allen, Crennell and Shaw in about 1992, referred as the "end of Garden Moorings Case", and which was never taken to appeal.

Edited January 12, 2012 by Tam & Di

[David Mack]

This is not necessarily so. However even if there is no ransom strip (i.e. BW do not own any strip of bank on the off side) you will still be charged for occupancy of the particular bit of water and land beneath it which does belong to them. This was determined by the case BW v Allen, Crennell and Shaw in about 1992, referred as the "end of Garden Moorings Case", and which was never taken to appeal.

 

Whereas on a river navigation, the riparian landowner generally owns the bed up to the middle of the channel, so also owns the mooring rights. A navigation authority such as BW or EA may require you to have a licence, but cannot charge for mooring in such cases.

 

David