Notices on boats removing any implied right of way

jac

jac

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Hello esteemed Thames Forum residents.

I work in Reading a few days every week and have taken to going for a stroll at lunchtime down by the river. Over the last couple of days i've noticed a number of presumably liveaboard boats displaying a printed A4 sheet in the wheelhouse / windows facing the bank stating words to the effect of We're removing any implied right of way, if you attach anything to this boat you agree to pay a penalty.

Never seen anything like it on coastal waters so just wondered what the story is?

I assume some kind of attempt to avoid paying charges by threatening to "fine" anyone putting anything on the boat in the same way that landowners can "fine" you for parking on their land but can;t believe that the authorities haven't closed such a loophole if it ever existed in the first place.

I assumed that you guys would be able to satisfy my idle curiosity!
 
Your thinking is correct. I believe that the idea came from property owners who display such notices withdrawing the implied right of access under some ancient and moot law to fend off visits from utility companies and TV licensing officers.

EA waterways compliance staff are warranted and may enter property or board vessels to execute their duties unlike police officers who have to get a magistrate's warrant.
 
I spoke to a young lad who had lived in Reading for a year, on an nameless, unlicensed boat. He told me that he had a few notes stuck to his window but eventually they gave up.
And as for that barely floating large wooden boat opposite Tesco's, that's holed just above the waterline, the owner has been squatting for years. The land is owned by Tarmac and they've come to an agreement where he doesn't pursue his squatters 'rights' and Tarmac avoids a long drawn eviction battle. He has agreed to waive his squatters claim in exchange for a mooring fee. £1 every 6 months!
That's only going to encourage a worsening situation, if the Thames becomes populated by liveaboard barrack room lawyers.
The Thames and Kennet Marina has room. Just £80 odd a week for a 30ft boat, with power and a sanitary facilities.
You couldn't rent a room on land for that. Unfortunately, some people are determined to pay absolutely nothing.
 
jac said:
Hello esteemed Thames Forum residents.

I work in Reading a few days every week and have taken to going for a stroll at lunchtime down by the river. Over the last couple of days i've noticed a number of presumably liveaboard boats displaying a printed A4 sheet in the wheelhouse / windows facing the bank stating words to the effect of We're removing any implied right of way, if you attach anything to this boat you agree to pay a penalty.

Never seen anything like it on coastal waters so just wondered what the story is?

I assume some kind of attempt to avoid paying charges by threatening to "fine" anyone putting anything on the boat in the same way that landowners can "fine" you for parking on their land but can;t believe that the authorities haven't closed such a loophole if it ever existed in the first place.

I assumed that you guys would be able to satisfy my idle curiosity!
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I talked to the guy who came up with the idea, shortly after he started doing it. He said that he'd researched the law and found that if he displayed that notice it set the terms of a contract. If anyone then stuck a notice on the boat (in the form of an order to move or a mooring charge) then they accepted the terms of his contract which said that they had to pay £250.
His dispute was not with the EA but with Reading Council and he claimed that Reading don't own the towpath by Reading Bridge, as it's owned by an ancient trust, so therefore they can't charge mooring fees.
 
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Why don't those barrack room lawyers use their time and intelligence to earn a living and pay their own way? Whoever owns the towpath one things for certain, it's not the freegans who act like it's theirs.
 
Meanwhile, our Harbourmaster is dressing up as a pirate for twitter...cos thats important

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Actionmat said:
Why don't those barrack room lawyers use their time and intelligence to earn a living and pay their own way? Whoever owns the towpath one things for certain, it's not the freegans who act like it's theirs.
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He was earning a living running a very successful business from the towpath.
 
Actionmat said:
Why don't those barrack room lawyers use their time and intelligence to earn a living and pay their own way? Whoever owns the towpath one things for certain, it's not the freegans who act like it's theirs.
Click to expand...

Look at it from their point of view, why would they pay? Given the choice of paying several thousand pounds a year to keep their boat in a marina, compared to paying nothing for a mooring in a nice location on the riverbank in town, its a no-brainer!

Not saying I agree with those doing it (I don't) but until the local councils get their act together and fine them / move them on, they will just keep doing it and more than likely the number of people doing it will grow.
 
Looking at things from other peoples point of view is fine until you try doing it with sub-par people.

Then it becomes pointless.

Like looking at things from the points of view of Rapists, Racists, Thieves, Muggers, Murderers and Vegetarians :nonchalance:
 
No Regrets said:
Looking at things from other peoples point of view is fine until you try doing it with sub-par people.

Then it becomes pointless.

Like looking at things from the points of view of Rapists, Racists, Thieves, Muggers, Murderers and Vegetarians :nonchalance:
Click to expand...

The police employ people (criminal psychologists) to actively look at things from the point of view of those criminal types you mention, as understanding their thought process can help predict what they will do next and thus aid in catching them. So not at all pointless.

In this case, that would translate to establishing that these people will always take the cheapest option when finding their mooring site, so to get rid of them, you need to put in place fines / costs that exceed what they'd likely pay for a mooring elsewhere. Good luck tracking them down to make them pay though - better to just tow the boats away and scrap them!
 
AuntyRinum said:
I talked to the guy who came up with the idea, shortly after he started doing it. He said that he'd researched the law and found that if he displayed that notice it set the terms of a contract. If anyone then stuck a notice on the boat (in the form of an order to move or a mooring charge) then they accepted the terms of his contract which said that they had to pay £250.
Click to expand...

Sounds like a freeman on the river ...
 
Would rather he just do a good job for the boaters rather than "good pr".
I expect the chap on the right, might make a better job of it.
 
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