"Dock Lines will be Cut!"

[Jim Cate]

Originally Posted by Delancy

New York isn't the financial and cultural capital of this county because it's full of a bunch of push-overs. At least not since the dutch came here. Think about it next time you trade some stocks or read a magazine.

One of the things I dislike about coming back from the South Pacific to California is that it brings me too damn close to NYC, and to NYers.

Cheers,

Jim

[Celestialsailor]

Originally Posted by Jim Cate

One of the things I dislike about coming back from the South Pacific to California is that it brings me too damn close to NYC, and to NYers.

Cheers,

Jim

Don't hold back Jim...tell him how you really feel...

[Delancey]

Originally Posted by Celestialsailor

Don't hold back Jim...tell him how you really feel...

yawn.......

[sailorboy1]

must be time to start talking about shooting the trespassing dockers, or at the least grabbing your anchor by the chain and spinning around in the air till you take their heads off

[AbaftAndBaffled]

Originally Posted by Don L

must be time to start talking about shooting the trespassing dockers, or at the least grabbing your anchor by the chain and spinning around in the air till you take their heads off

We use the anchor method whenever a customer doesn't want to pay for his repairs.

[Delancey]

Originally Posted by Don L

must be time to start talking about shooting the trespassing dockers, or at the least grabbing your anchor by the chain and spinning around in the air till you take their heads off

so many anchors to choose from. ronca, danforth, plow, grapnel.....

maybe it's time for a new thread?

[capttman]

Delancy go with the flow.... Little over the top are you not. Oh what was ties up to your golden dock a rubber dingy?

For what suppose to be a serious thread I've been laughing harder than I would reading the joke thread..

[denverd0n]

Originally Posted by Celestialsailor

Financial...maybe...Cultural?...ROTFLMAO

Yeah, I got a pretty good laugh out of that, too. Financial, absolutely. No doubt about it. But Cultural? Only in their dreams.

[Richard5]

Originally Posted by denverd0n

Yeah, I got a pretty good laugh out of that, too. Financial, absolutely. No doubt about it. But Cultural? Only in their dreams.

The distinct irony is that this city bills itself as the world's biggest small town or some such rot. Composed of many communities, boroughs and what not, the big city is cosmopolitan and quaint. Perhaps the most incredulous irony is the provincial attitude of the dwellers of this place. 'You either live here or you are nothing' seems to be the mantra. It's Sinatra at heart.

To be sure, NYC is small geographically but what it lacks in sprawl is made up for in hob nobbery. Even CT olde money is no match.

I know several who live there, either on Manhattan or close in. My own step daughter lives there although in Glen Cove, which itself is beyond the demarcation of 'the city', therefore not truly therein.

Let's expose some history shall we? Due to a fortuitous latitude in relation to the northern Atlantic routes, NYC was found to be at an advantage. It is only a "financial center" because it was Neuw Amsterdam in the 1st place. Without the Dutch, NYC would be but swampy grasslands and an esturine confluence of rivers. But those Dutch were no saints. Stuyvesant, et al, were ruthless barbarians. My own ex-wife traced her ancestor to his 2nd hand man. A brute, a criminal, a genius with other people's money.

Culture? Only on Broadway I reckon. Or within the minds of the citizens of that place.

I would place NYC or NJ (north of the pine barrens) on my route only so I could delete them. Funny thing, whether in Montana, Banff, Denver, San Diego, or even San Francisco, you can spot these glorified city yokels a country mile away. Even Santa Fe and Taos laugh at ya'll...but gladly take yer money.

I joined this thread to initially lend some help through perspective. For that I got the hard line of the citified mind. The pejoratives flowed freely from this one, like one who would give the middle finger as a sign of welcome. I guess it's us hayseeds who don't take kindly to such treatment and for that we're labeled fools who are not to be tolerated. That's a funny way of welcoming another to your world. No thanks. I suppose we are in agreement, you stay on your side and I'll stay on mine.

[Richard5]

Originally Posted by fstbttms

What difference does it make? The guy left his boat in a berth that he had no right to use, which is a dick move at the very least. He deserves whatever he gets.

Perhaps you are unaware that in California unless one posts No Trespassing signs along the fence line of their property that a trespasser can legally hold the land owner liable for injury which may befall them. Take into account the guy who jumped a fence and got run down by a bull or the trespassing hunter who was accosted by the land owner.

Admittedly these statutes apply mostly to ranchers but if you should find yourself in court one of the first things asked is did you post your land? Heck, even poachers of prized beef have gotten off from trespassing charges. Likely the sherf won't pursue a case if there was no trespassing.

[Richard5]

Originally Posted by fstbttms

I see it as a vessel being parked in a spot reserved for paying customers. The marina isn't in business to provide berthing for anybody who happens to decide it would be convenient to pull in there. Especially when the transient has created a problem for the paying tenants.

As it turns out, apparently the spot isn't reserved for anyone. Fstbttms I am not picking on you. I am going back through this entire thread to examine where I may have gone wrong. I am also looking for where others may have made incorrect assumptions. That includes me.

[fstbttms]

Originally Posted by Richard5

As it turns out, apparently the spot isn't reserved for anyone.

That doesn't make a bit of difference. The spot he parked in sure as hell isn't reserved for just anybody who wants to to come in and use. Non-tenants have no right to make use of this private marina's docks.

[Richard5]

Originally Posted by Surveyor

To the OP,

The marina owner is actually in danger of loosing the right to keep non paying dock users, or at least the one who might be willing to to sue for the right, from using the path between the dock and the gate by virtue of prescriptive rights. In other words, as each day passes, an easement is being created.

"In either prescription or adverse possession, the right is acquired only by actual, continuous, uninterrupted use by the claimant of the lands of another, for a prescribed period. In addition the use must be adverse under claim of right and must either be with the knowledge of the owner or so open, notorious, and visible that knowledge of the use by and adverse claim of the claimant is imputed to the owner. In both rights the use or possession must be inconsistent with the owner’s use and enjoyment of his lands and must not be a permissive use, for the use must be such that the owner has a right to a legal action to stop it, such as an action for trespass or ejectment."

Granted, "the prescribed period" is usually very long, 20 years in Florida. And it is unlikely that some guy with a beer gut and pontoon boat actually knows about about any of this or even cares to go to court. Still, the marina owner needs to nip it in the bud.

If you would like the marina to take action, just pass this information to them and they will likely do something besides ignore the problem.

Good luck,
Your friendly Florida registered Land Surveyor

In California it is seven years. It could be less or more, I don't know. What I do know is a neighbor now has a six mile long public easement across his property because for seven years he allowed selected persons to take a shortcut across his land. He didn't monitor that the shortcut was limited to those select persons. It soon became local knowledge whereby the general public took advantage. The land owner lost in state supreme court to control the easement. So now he has had to cross fence his property to allow the easement which bisects pasture and fruit orchards.

My personal opinion is this constitutes a taking of land. Afterall, once the easement is established what is to prevent the county or state from making an improved thoroughfare on his land and without eminent domain or paying market price?

[Richard5]

Originally Posted by fstbttms

That doesn't make a bit of difference. The spot he parked in sure as hell isn't reserved for just anybody who wants to to come in and use. Non-tenants have no right to make use of this private marina's docks.

Let's not quarrel. I just said apparently it is not reserved for anyone, tenant or not. So I row my dink across the canal to the dock to make a quick run up top for whatever reason. I guess the hardline is yeah I am a violator. But I saw nothing which would induce me to think I was in fact in violation. Jumping a fence, I know that ain't right. Tying up to a dock, hard to say in absence of any forewarning. Even Delancy said if one is a visitor coming in the dead of night that one may be forgiven for being ignorant. My point is should 1st time offenders be detained or otherwise treated for the repeated offense of others?

[Richard5]

I guess I've lived a sheltered life. I've tied up to many a dock, boat and dink, with nothing said except maybe a warning that the way the tide swirls the dink may get caught underneath the wharf.

Ok, never mind, I'll stop commenting.