Tidal mooring rights or not ?

[Capt Popeye]

Ahoy there
Can I raise my concern over a local mooring rights situation and kindly ask if anyone has experience or knowledge of the 'rights or wrongs' of the situation.
A Devon Harbour in an tidal estuary with Harbour Authority having mooring rights over the river bed up to Mean High Water mark.
So question is, does a landowner have rights to moor alongside their bank /guay /pier / pontoon / wall etc even if the boat /vessel is afloat most of the time ? as the boat /vessel is not moored to the river bed (which the Harbour Authority have rights over) but tied to something that is above the Mean High Water mark river bed and so the (HA) do not have rights over.
Or do they ?
Thank you in advance for any comments, observations and information on this touchy subject.

 

[Aeolus]

I suspect it will depend on the precise wording of the legal document (act, charter…) that grants the HA the mooring rights. Do you know what the wording is?

 

[LittleSister]

Ahoy there

So question is, does a landowner have rights to moor alongside their bank /guay /pier / pontoon / wall etc even if the boat /vessel is afloat most of the time ? as the boat /vessel is not moored to the river bed (which the Harbour Authority have rights over) but tied to something that is above the Mean High Water mark river bed and so the (HA) do not have rights over.

I don't know but doubt it.

The high water mark (or whatever else is specified in the harbour act or order) will define the area within which the harbour authority has powers. These will typically include control over the stationing and movement of vessels, so even if you weren't attached to the bed, you'd probably need their permission.

A structure such as a pier or pontoon would probably need planning permission, and if it extended into the harbour authority's jurisdiction it would likely need its consent, too. Also consent from, and/or fees to, the owner of the estuary bed (usually the Crown) if the adjacent landowner you mention doesn't also own the bed under the structure.

 

[Birdseye]

Ahoy there
Can I raise my concern over a local mooring rights situation and kindly ask if anyone has experience or knowledge of the 'rights or wrongs' of the situation.
A Devon Harbour in an tidal estuary with Harbour Authority having mooring rights over the river bed up to Mean High Water mark.
So question is, does a landowner have rights to moor alongside their bank /guay /pier / pontoon / wall etc even if the boat /vessel is afloat most of the time ? as the boat /vessel is not moored to the river bed (which the Harbour Authority have rights over) but tied to something that is above the Mean High Water mark river bed and so the (HA) do not have rights over.
Or do they ?
Thank you in advance for any comments, observations and information on this touchy subject.

I vaguely remember that its not a case of touching the sea bed over which ( usually the crown) have rights. Simply being in the water above it is sufficient.

 

[Searush]

What did they say when you asked them?