Osborne Bay

SloopJohnB

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Can I land and go ashore in my tender or will I be arrested!
If I can, is there a legitimate path that I can take to visit Osborne House.
Thanks

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Moose

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From reading the signs on the beach I think you will be arrested!!

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Dominic

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High Water Mark ?

What about landing on the shore BUT staying below the High Water mark.

Used to do this in the Bahamas, land on private islands or private beaches in the dinghy but stay below the High Water mark.

Their land ownership rights only extended to the HW level, it annoyed a few wealthy tax exiles seeking their privacy but they could do nothing about it.

Or in this case will the Crown claim you are trespassing on their sea bed ?



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Stingo

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Osborne Bay is on the Isle of Wight and is where Queen Victoria had her weekend cottage.

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townquay

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A pretty decent anchorage with good holding just a spit round the corner from Cowes (If you don't mind all of the bloody small power boats from 1200 to 1600 when they feel obliged to investigate the anchored yachts etc at 20 kts!) and Osborne House (Up the hill), the retreat much loved by Queen Victoria & Albert. (She never returned there after his death I believe). Can be a bit lumpy when the wind is from the east (or is it west ?) (The anchorage that is - not Queen Vic' !)

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milltech

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Re: High Water Mark ?

What is the law on trespass anyway? I have some kind of recall that its not actually an offence, it's what you might do there that could be an offence. Am I right or have I lost the plot (again)?

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Johnjo

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Thanks Stingo
thought it might be some kind of top secret military establishment.
forgot all about the queen mum.

Thought you could only get prosecuted for trespass if you made a forced entry or did damage,
only a guess though so don't try it!........

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l'escargot

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Re: High Water Mark ?

Doesn't apply on the IW. Queen Victoria valued her privacy so much she effectively amended the Magna Carta. Land ownership around Osborne House, and much of Wooton Creek, actually extends to the low water mark when the tide is out, although you do have the right of navigation and anchorage when the tide is in (though some land owners do try to dispute this). A strange local anomally, which causes endless disputes over mooring rights.

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SloopJohnB

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The reason why I need to know whether I will be incarcerated if I land is because I shall shortly be visiting Osborne House, accompanied by several bottles of high quality champagne, a hamper of expensive food, my wonderful wife,daughter and anticipated son in law. The shame of being met on arrival by the security forces or even a jobsworth or two, does not bear thinking about.
I wanted to know whether the prohibition against landing was strictly enforced or more honoured in the breach than in the observance.

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G

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Re: High Water Mark ?

The law on Trespass is interesting. In 1984 The Criminal Justice act made the situation clearer and created a number of new offences. However, it is still not illegal to Trespass but it is unlawful. The statement 'Trespassers will be prosecuted' was a deterant to those ignorant of the law and has no legal meaning.
It is not illegal because the matter of Trespass is considered a dispute between the land owner and the individual and not between the state and the individual. It is unlawful because an individual has a right to possession of their land. Hence, trespassing is very much like squatting. It takes a court order for the person to reposess their property unless they are protected or intended occupier in which case you may use reasonable force to evict them. i.e. You return home to find your house occupied by squatters - you are a protected occupier and can use force to kick them out. On the other hand, supposing you had already moved with your house up for sale. You are no longer a protected occupier and the squatters can move in.
Other areas of the Criminal Justice act were intended to tighten up on travellers who occupy land. It is an offence for a group of 12 or more vehicles to occupy land and the police may force them out. In reality, the police never help the farmer/landowner and force them to take private action.

As far as Osbourne Bay goes I don't know if any local laws were written but if some strong burly guys come to tell you get out you can quite merrily sit there, carry on with picnic and tell them to leave you alone. If they persist you then have rights in relation to harrassment. Take a video camera, record everything and then relax in the knowledge that you could make £1000's in subsequent claims for compensation. (Bit like the Burglar who sues because he was injured during the commission of the crime.)

There are many web sites on the subject.

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