Anchoring, what is ‘The Law” in regards to it?

[moomba]

Holy shamoli , that not very nice , so legally the mooring would have to be registered and if so then the person who owned the mooring has a legal obligation to make sure that the mooting is in good order for that type of boat , then if you could show that the mooring was not fit for purpose and money was exchanging hands then a contract has been formed and the person who owns the mooring is liable , but this will get complicated if it is an illegal mooring , but the guy was still charging for ,you would have to show that the people paying for it though it was all above board and they though the mooring legal
a legal nightmare

 

[JumbleDuck]

Courts continually change details of the law as cases are brought before them. That is how the common law works. The court looks at the arguments and interprets them against the law. Sometimes that results in a change either because circumstances change or previous decisions are found to be wrong. If this were not happening the law would ossify.

I thought that English common law was generally bound by precedent (to a far greater extent than Scots law) so it seems fair for the PP to wonder if the change in the law over moorings was statutory.

 

[sailorman]

Thanks for all the replies guys. I’ll fill you all in with more info regarding my situation after I’ve spoken to the harbour master at Associated British Ports, who oversee moorings on River Orwell.

Ipswich BC had to repay loadsa £s some 15 yrs ago as they had historically levied a charge on mooring holders that was found to be illegal

Forumite Toyboy will have the full story

 

[alant]

Yes there is a charge for anchoring in Keyhaven. Just like many other harbours where Bye Laws allow the harbour authority to charge for anchoring.

Nothing new or unusual in that.

What by-law? There is no "harbour authority".
The riverbed & surrounding marshland is not owned by NFDC, but by some estate in Bournemouth, NFDC simply look after it & charge for everything including launching a lilo.

 

[moomba]

A s a right to freely navigate a tidal passage your are entitled to anchor any were you like but like Keyhaven this is a managed part of the sea bed as there is buoys and markers in the lead up so there fore you are using facilities that the land owner has put into place (whoever that may be , and therefore they can charge a fee for the privilege of anchoring ) sad but true , to really wind them up you could find out how much sea bed the estate own and plonk your anchor 20 cms shy of it with a nice GPS signal to prove it
viva the revolution

 

[moomba]

https://crownestate.maps.arcgis.com/apps/Viewer/index.html?appid=0aac22685d2f4d78a2a3b0a5aa1660db
a cool interactive map that will help you find crown sea bed and estuaries

 

[oilyrag]

Yes, the Ipswich Harbour Master licences all moorings in the Orwell. Interestingly, Ipswich Borough Council owns the river bed but even so, the Harbour Master still has jurisdiction over where moorings can be laid.

 

[robertj]

https://www.rya.org.uk/sitecollecti...Moorings/ANCHORING AND VISITORS' MOORINGS.pdf
As posted before this lays out the law out quite well
to summarise
1. you have a right to anchor anywhere you like under the the rights of navigation
2.this can only be surpassed by any bylaws that are in place (i.e near a naval base or nuclear power plant or a really anal council who might not want a certain river way hoarded with boats but this must be written in law
3. You can anchor in a designated harbour area if that harbour has been designated on , with no bylaws , but you will have to agree to there rules and they can charge you for the privilege as long as they provide facilities, (facilities can come in many shapes and forms i.e bouys , markers , dinghy pontoon, showers toilets etc)
4. private land owners who own the sea bed i.e The National trust can not charge you for anchoring or stop you , again only if there is a bylaw from the courts not the private land owner and it is not a recognised harbour

So to the OP if there is no ByLaws (check with the local council) and your not in any natural harbour which has been charging people then why not.
Some trumpet up officials always like to tell you you cant without even knowing the law, they just think you cant , but when challenged in a legal sense they back down.
Happens all the time in Scotland with non Scottish land owners and people who buy private islands and especially the RSPB and the National trust , who think as private landowners they have the powers of the land and the sea , they do not and should always be challenged to allow those who enjoy the open spaces of our country to do so freely, and do so respectfully.

There was a three part article in sailing today by an eminent barrister who delved into common law about the right to navigate.
He interpretation backed up by test cases were that a free right to navigate is a right, without charge not effected by belaws.
You could not impede commercial vessels in any way. Only commercial vessels had to pay harbour authorities. He went on to mention the beaulieu river, this was not included in the free right to navigate as it was the personal property (gifted to Lord Beaulieu) and not the crown.
Two articles were published but the third was pulled by the editorial apparently.
I wonder why.
If one tries to get back issues of those articles by I think sir Francis Sinclair you will find there are none.

 

[robertj]

A s a right to freely navigate a tidal passage your are entitled to anchor any were you like but like Keyhaven this is a managed part of the sea bed as there is buoys and markers in the lead up so there fore you are using facilities that the land owner has put into place (whoever that may be , and therefore they can charge a fee for the privilege of anchoring ) sad but true , to really wind them up you could find out how much sea bed the estate own and plonk your anchor 20 cms shy of it with a nice GPS signal to prove it
viva the revolution

This is not what the barrister wrote. He mentioned only commercial craft had to pay for buoyage etc etc not private non commercial vessels.

 

[BelleSerene]

If you want to pay, pay. You'll get peace in return.

If you don’t, ask for a VAT invoice. If you don’t get one, explain that you’ll be happy to pay for whatever service on receipt of a VAT invoice. It’s a reasonable request and any demand for payment without issuing one is unreasonable, The bloke in the launch will never give you one and nor will his bosses.

Have I ever done the latter? No.. I wanted the peace, see? Am I tempted to? Of course,

 

[moomba]

This information is from the RYA updated 2018 it is still a sticky subject that needs more research I will try and find out more
RIGHT TO ANCHOR AND CHARGES:
The right to anchor is an ordinary incident of the public right of navigation in tidal waters and
is usually free; it is of such antiquity and importance that it is may only be restricted by statute
or local bye-laws.
Harbour authorities generally have statutory power to impose charges for anchoring in its
waters. In the absence of statutory power, a right to charge may be supported where
facilities are provided for the benefit and safety of vessels, provided the charge is reasonable
in relation to the services provided, e.g. buoyage, dredging etc
https://www.rya.org.uk/sitecollecti...Moorings/ANCHORING AND VISITORS' MOORINGS.pdf

And this which is interesting from a lawyers point of view
http://andybiddulph.co.uk/ESW/Files/Cureent_Case_law.pdf

At common law a distinction was made between public rights of navigation over tidal and those over non-tidal rivers. A tidal river is regarded as being public in every respect, the obstruction to any part of the river being considered an obstruction to navigation.[3] https://www.ealaw.co.uk/articles/land-law-afloat-

 

[fredrussell]

Well the associated British ports guy said it’s okay for me to anchor for a few weeks in the river while I find a mooring. He didn’t go into the legal side of things just said that it’s okay to leave the boat on the anchor for the period whilst I found a mooring. He did mention that a boat was removed last year after being left on the anchor for months, next to the moored boats. My mooring along with six or seven others was removed by Associated British ports after a falling out between them and the chap I rent the mooring from. The ABP guy gave me a couple of numbers I could ring to rent another mooring in the area and told me there was a three year waiting list for laying private moorings, so I will put my name on the list and rent one in the interim.
The only problem I have is that my anchor is a new generation one (Manson supreme) which digs itself in very deep to the east coast mud if left for any long period of time. Was quite a chore to get it out last time.

 

[Neil_Y]

leave a tripping line/anchor buoy on it, or use weights to pull it up. Tighten up the anchor rode/chain with weights on the bow and then move the weights aft and wait for it to come up, and then repeat.

 

[Seven Spades]

https://www.rya.org.uk/sitecollecti...'t have to pay for anchoring in the Beaulieu?

 

[moomba]

t common law a distinction was made between public rights of navigation over tidal and those over non-tidal rivers. A tidal river is regarded as being public in every respect, the obstruction to any part of the river being considered an obstruction to navigation.[3] https://www.ealaw.co.uk/articles/land-law-afloat-
Read more at http://www.ybw.com/forums/showthrea...94-in-regards-to-it/page4#RhVRRYQlZacLCEXL.99
According to this yes you can anchor , as it is a tidal river and freedom to navigate , which also enshrines the right to anchor as part of freedom to navigate, as Fred's post 32 said he faced no issues , the problem in law could be how long are you aloud to anchor for , 2 nights or 6 months this would probably be the sticky point in law as in theory your not navigating just hanging around. then just pull up anchor and move around , same sticky point for freedom to wild camp in Scotland the law says you can but the time limit is ambiguous,