A questiion for legal eages?

[Trevethan]

Is there a customary or statuary minimum width of a public quay - i.e. how far back from the water's edge does the quay extend?

Any and all thoughts are welcome.

Regards,

Nick

 

[tcm]

Don't beleive so. It can be any height, any width and be very wobby too. No BS standards for quays. They can also have spikes coming out of them to deter mooring, or out of awkwardness like in flaming salterns where thoughless people attach fenders to the quay , and later remove their fenders leaving behind the screws to which the fenders were attached. Ratbags!

 

[Trevethan]

Thanks.. spikes in 'em? And I thought the local authority were bad here.... anywho, legal chap at RYA said a good indiqation is old photos showing cargo lying around will establish customary useage if no other evidence exists. so will go through archives of piccies of lots of junk scattered about. Bit like it is now actually cept then it was logs and barrels and now its supermarket trolley, old bits of boat and abandoned cars.

Bit crap leaving screws in wall. reckon regarding the spikes thing that a check of the local act governing the harbour might help anyone affected. Public quay = public right of way (even in boat) and spike thingies sound like the might impede.

thanks!

 

[FlyingSpud]

Why? May sound a daft question, butthere are more ways than one to skin and endangered species

 

[FlyingSpud]

Why? May sound a daft question, but there are more ways than one to skin an endangered species

 

[Trevethan]

Umm why what?.. late afternoon here, brain rather fuzzy!

 

[FlyingSpud]

Why do you want to know the answer to the question, is it just a sudden thought that jumped into your head that needed answering to enhance your understanding of the human condition, or does it have some practical purpose?.

 

[philip_stevens]

If you had read any posts last week, you would have seen a thread from Trevethan concerning the redevelopment of the quay at Exeter, and the eviction of the boaters.

regards,
Philip

 

[Trevethan]

All to do with a plan redevelop a public quay with housing that local residents and boat owners find unsatisfactory.

 

[FlyingSpud]

I wondered if you had something in mind, given you were asking for legal advice. Have you looked at the question of any prescriptive rights that exist? Putting it simply we are talking about rights of way and the like. I once held up an entire industrial developement for a client for about 12 months in this way. We eventually 'gave in' for a hefty amount of dosh, but could just have easily made the developer go away.
As to rights of way, it is a complex subject and would need a small book to go through it, so I would suggest if you want a simple (not too legal) treatment, you get hold of a copy of something like 'Neighbours and the law' by Pugh-Smith, Sinclair and Upton (3rd Edn - SWeet and Maxwell), there are more thorough books on the subject, but they get a bit heavy going and cost a fortune.
I tend to agree that planning consultants can often help more than lawyers, but the quality is a bit up and down (I suppose you can say the same for lawyers).
One final point, you will always have problems getting any lawyer to give too much in the way of advice on a board, for fear that they may be making themselves liable.