Anchoring charges - legal?

[PeterGibbs]

Adding to your thoughts:

1. If the charging agent has no rights to charge then there can be no contract or any other pecuniary arrangement. Payment under such circumstances would amount to a tip !

2. Acquired rights do exist in property law, as you indicate, and even 12 years can constistute the basis of a claim/usage. But no consideration flows - just the right of use.

Squatting and squatters' rights are, as you know, an entirely different proposition.

But the harbours we are talking about here are apparently relying on ancient rights, and these have to be proven by charter or act of parliament. They are not acquired in the same way as a neighbour driving his car across your garden for 12 years en route to his garage etc. I cannot see how Xborough can send out a rubber duck for 12 or so years, then claim "it's all right by law" The act of charging does not make a right to charge, otherwise life would be unbearable.

PWG

 

[MacMan]

I too don't want to pay and am concerned that rights are being eroded.

I have regularly refused in Newtown Creek, Solent - you get a long and tiresome "moral" lecture from the "harbour master" but eventually he goes away in a huff. No action is taken but then of course he had no rights to charge in the first place. He never quite admits this instead saying that the NT policy is not to charge but ask for donations (in an agressive and tiresome manner) and the entered into this voluntarily - yeah right.

Incidentally when I use their landing stages I am more than happy to donate and pop some money in the box. It the nature of the "donation" that I object to.

My point being is that in Newtown Creek - feel free not to pay - nothing bad will happen.

What about people experience elsewhere ? What actually happens - a load of argument I don't mind but who has refesed where and what has happened.

If we the yachting public are aware of the (hopeful) lack of consequences that perhaps more of us will be "braver" and object more often.

Has anyone refused in these places ?
Has anyone been taken to the Small Claims court or other official measures ?

Do we in legal terms, have to provide name and address etc ?

Anchors of the world unite

;-)


PS I am not sure it is much more than a job creation scheme most of the time - how much money is actually "made" from the charges over and above the costs to employ, pay the pensions, insure and provide a crafts for the HM and his assistants