sailorman
Well-Known Member
adapt as req
A Document for Those who get charged tp Anchor
- Thread starter sailorman
- Start date
adapt as req
Spookyfella
Active Member
Good idea ! Is it possible to add a paragraph confirming the right to charge in the area ? Many times I doubt their legal right to charge for this "service" in some areas.
sailorman
Well-Known Member
Brian blue bear
Well-Known Member
entrupenur... thats what the Country wants,,,,
adapt as req
he's not Charging for Anchorage, he's charging for the knowlege that the anchorage is free from obstructions and for landing if you wish... in this country you have a legal right to anchor pretty much anywhere except where local bylaws specifically disallow eg Shipping lanes, marine Concervation, military installations etc. I have read this recently since I was reserching the use of moorings which were being called anchorage (because of the right to Anchor) however the Anchorage was actually a Concrete block, which could be classed as movable. so was this anchorage? the view was it was not, but however debatable....In the blocks Favor, It was a method of holding the Boat to ground, against the block, an anchor Should be able to be Pulled aboard, and moved with the Boat.... I feel most Boaties would use the Latter (I do not wish to speak for all boaties) the previous for people who want free moorings using wordplay. I have one for my Fish pond but access is restricted to times of flooding, due to global warming
Sinc
Well-Known Member
Does anyone know under what legislation the right to charge for anchoring comes under?
I can see that in a river estuary or within harbour walls there might be an owning authority - but what about the rest of the coast.
I've read something somewhere about the Crown owning the foreshore between high and low water - but most of us don't intentionally anchor above low water mark (well not for long!)
I can see that in a river estuary or within harbour walls there might be an owning authority - but what about the rest of the coast.
I've read something somewhere about the Crown owning the foreshore between high and low water - but most of us don't intentionally anchor above low water mark (well not for long!)
Ubergeekian
Well-Known Member
How many places are charging for anchoring these days?
Brian blue bear
Well-Known Member
The Crown owns the land below low water that is tidal around the UK, quote from the Crown Estate webpage "The common law established some centuries ago that there is a public right of navigation for vessels in tidal navigable waters. It also established that anchoring in the course of navigation is part of the public right. The case of Fowley Marine v Gafford (1967)" so unless the person Charging the fee has the consent of the Crown, they have no legal right over the tidal sea/ river bed. but there are areas called marine Conservation zones and areas where anchoring will impeade the use by others or where bylaws will prevent you from Anchoring this is overseen by the MMO Marine Managment Organisation. see Link. http://www.thecrownestate.co.uk/moorings_law
Last edited:
boatmike
Well-Known Member
Generally correct. What confuses people is that when a river flows over land that is privately owned (above tidal limits of course) the owner owns the land but not the water. Thus, he has a right to prevent you sailing up his river over his land but cannot charge for doing so if he allows it. As soon as you drop an anchor however you can be charged because the river bed is technically his "land". I have often told Lord Montegue's over zealous boys in RIBS to sod off when they want to charge me for sailing up his river. Unless you tie up or anchor they simply have no right to!
Brian blue bear
Well-Known Member
Yes, this only applies to tidal, waters the Crown owns only roughly 55% of the foreshore, ie, land between MHW and MLW, so indeed in these areas, the land is possibly owned privately above MWL. so you may get in deep water so to speak if you dry out a Bilge keeler in some of the remaining 45%.
Seagreen
Well-Known Member
I've never heard of this before. Who has been charged to anchor, and more importantly, where?
sailorman
Well-Known Member
NealB
Well-Known Member
doug748
Well-Known Member
Also a threat at St Mawes - though I have never actually met anyone who has been forced to pay there.
toad_oftoadhall
Well-Known Member
Newtown Creek? In the Solent?
AFAIK that's voluntary, you don't have to pay unless you wish to.
jhr
Well-Known Member
Beaulieu River is a special case because the tidal river bed, unusually, belongs to Beaulieu Estates and they have the right to charge for anchoring there (though not just for cruising up and down the river, as already mentioned).
For some time, the National Trust got away with charging people for anchoring in Newtown Creek, which they had no right to do. Now they just ask you for a voluntary donation (having been threatened with legal action) which you are free to pay. Or not
They do have the right, however, to charge you for using their moorings.pampas
Well-Known Member
Depends where you wish to anchor.
RichardS
N/A
We were charged for anchoring at several places in Croatia this year.
It appears that the town official has to offer a service to be able to charge. The services we were offered included - taking the rubbish bags, using the showers or toilets at the town quay and filling up with water at the tap although you still have to pay the £10 even if you don't want to use the service.
I wondered how far out they would follow me if I said I would move a bit further offshore but after paying Eur90 for one night in Trogir marina the charge didn't seem too bad!
Richard
toad_oftoadhall
Well-Known Member
Salem!
Sybarite
Well-Known Member
Many years ago in one of the yachting mags (I think PBO but I'm not sure) there was an article about mooring rights by a sailing barrister. He had successfully challenged a local authority's right to charge for anchoring. His conclusion was that you should specifically ask for a copy of the relevant law by which the fee was being levied. He indicated that the general rule was for free anchoring except in certain estuaries belonging to the Crown Estates where their privilege was endorsed by Parliament.
I hope that I have reliably presented his viewpoint but it was some time ago.
John
I hope that I have reliably presented his viewpoint but it was some time ago.
John
jac
Well-Known Member
this is the kind of thing that it would be good to see the RYA ( or one of the Mags) leading a campaign on.
If the courts found that no-one has a right to charge unless an act of parliament agrees it then how hard would it be for the RYA legal dept to construct an appropriate letter that we could download and send to anyone who did charge ( or even better involve local police / trading standards)
If the courts found that no-one has a right to charge unless an act of parliament agrees it then how hard would it be for the RYA legal dept to construct an appropriate letter that we could download and send to anyone who did charge ( or even better involve local police / trading standards)
