Boarding a vacant boat without permission

benjenbav

Well-known member
Joined
12 Aug 2004
Messages
15,413
Visit site
An interesting question (for all of us) would be how we’d feel if a Good Samaritan went onboard to save our genoa and accidentally broke a hatch cover in the process.
I’d like to think I’d still be grateful. But I think I might have a sufficiently ungenerous nature to be fed up about the damage and if the GS had suffered a consequential injury that my reaction might be to say it was his own fault for meddling…
 

Poignard

Well-known member
Joined
23 Jul 2005
Messages
53,200
Location
South London
Visit site
An interesting question (for all of us) would be how we’d feel if a Good Samaritan went onboard to save our genoa and accidentally broke a hatch cover in the process.
I’d like to think I’d still be grateful. But I think I might have a sufficiently ungenerous nature to be fed up about the damage and if the GS had suffered a consequential injury that my reaction might be to say it was his own fault for meddling…
"No don't apologise. You've done me a favour. I hadn't realised that hatch cover was so weak.

Sorry you've hurt yourself. I'm sure we used to have a first-aid kit somewhere. Really must have a tidy up one of these days ...." ?
 

Stemar

Well-known member
Joined
12 Sep 2001
Messages
23,903
Location
Home - Southampton, Boat - Gosport
Visit site
An interesting question (for all of us) would be how we’d feel if a Good Samaritan went onboard to save our genoa and accidentally broke a hatch cover in the process.
I’d like to think I’d still be grateful. But I think I might have a sufficiently ungenerous nature to be fed up about the damage and if the GS had suffered a consequential injury that my reaction might be to say it was his own fault for meddling…
I think I'd feel the same way, but a lot would depend on the state of the hatch cover. If it broke because it wasn't strong enough on a boat that isn't an obvious project, I'd say that was probably down to me, because there's an expectation that the boat's safe. I may know not to walk there, but the RNLI bloke who's rescuing me won't. If it was the Good Samaritan's great big hobnail boots wot dun it, I'd be a little less sympathetic, unless it was a passer-by trying to save a life.
 

WindyWindyWindy

Active member
Joined
5 Feb 2022
Messages
411
Visit site
The law of trespass exists and is well developed. I had a stupid neighbour who claimed that it didn't. I responded by saying I would have a rave in her garden.
Trespass against goods is always civil though, so you'd have to demonstrate some kind of damage.

The rave example is specifically covered in legislation and you would still have to call the police to tell them to leave - and they to refuse - before an offence was committed, as I understand it anyway.
 

dgadee

Well-known member
Joined
13 Oct 2010
Messages
3,985
Visit site
Trespass against goods is always civil though, so you'd have to demonstrate some kind of damage.

The rave example is specifically covered in legislation and you would still have to call the police to tell them to leave - and they to refuse - before an offence was committed, as I understand it anyway.

I never said it was a system that made much sense (particularly not in England and NI) but it does exist.

Oddly, today I didn't go onto a boat but was thinking about this thread when I redid the fenders on a boat on the pontoon beside mine. They were all over the place and I would have wanted someone to have put a couple of minutes into sorting mine (though I think I would have been more careful in the first instance).
 

Shaddickp

Member
Joined
4 May 2004
Messages
151
Location
UK, South West England
Visit site
I think of more use would be to ask 'Do you have the right to moor alongside another boat without their permission', either because they are absent or have denied permission (for whatever reason) , provided you can do so safely , without damage to the other boat, without hindrance (i.e. they want to leave at 3.00 am), and leaving sufficient space for other boats to navigate in the area.
 

dgadee

Well-known member
Joined
13 Oct 2010
Messages
3,985
Visit site
I think of more use would be to ask 'Do you have the right to moor alongside another boat without their permission', either because they are absent or have denied permission (for whatever reason) , provided you can do so safely , without damage to the other boat, without hindrance (i.e. they want to leave at 3.00 am), and leaving sufficient space for other boats to navigate in the area.

True. And can you move the old scruffy dinghy they have moored beside them under the "Do not moor" sign?
 
Last edited:

Sybarite

Well-known member
Joined
7 Dec 2002
Messages
27,688
Location
France
Visit site
I have twice boarded yachts to secure genoas that had come unfurled and were flogging themselves to bits.

Had their owners sued me I would have countered by invoicing them for the bits of rope I used to secure their sails. :p
Or... countersue them for vexatious litigation.
 
Top