Emergencies, Private Property, Docks and Rights

[Shawn F]

I too am a new boat owner. My daughter, my dog and I got caught in an unexpected NASTY electrical storm this weekend. Lightning striking all around us. Thankfully We made it back to the lock in to our neighborhood but so did 5 other boats so there was a 30 minute wait. No spots on the dock and very high winds. For our safety I made the decision to tie up to a private dock with no boat at a house right next door to the harbor house. Because of the lightning I took us ashore and we cut across the very corner of their yard to get to safety. Absolutely no damage was done. We waited out the storm about half an hour. As soon as the rain stopped, the owners of the house stomped up demanding to know if we were the party “involved in the incident” (the incident of walking across their yard) they chided and scolded us for 20 minutes about trespassing on their property and how we should have just takenthe consequences for our actions (not watching the weather closely enough). I was shocked and dismayed at the lack of empathy. I have researched this all week and I am now convinced that we had the right of private necessity to not only cross their yard, but to remain on their property until the danger had passed.

 

[Embraerjetpilot]

Last year, we were out on our paddle boards in a group at Crystal River. My wife had our young daughter on her board and it blew a leak just across from three sisters springs. We were still standing trying to move gear around so that we could get them on the other boards, but my 10 year old decided to go onto the shore to wait for us to get stuff situated. This lady (with a big huge gigantic flag in her yard that I won't mention the name on it) saw my daughter standing there, and sent her two big dogs out to scare her. My daughter runs back in the water and then the lady comes out. She saw that we were having an issue, that we had a deflated paddle board, and she said nothing.

I'm sorry, she lives in a touristy area but there was no reason for this.

 

[Southernerd]

The bigger threat would be becoming a victim of an overzealous land owner. Legally, I don't see how you would be culpable under any criminal laws. To the extent there were any legal scenarios in this situation it would be under civil law. The remedy there is typically monetary damages for any harm you cause. If you don't damage the property I honestly don't see anyone filing a civil lawsuit against you for seeking shelter from a storm.

 

[GTBRMC]

TL;DR - You are probably OK to beach on private property on Lake St Clair if caught in a storm. If you use any private mooring facilities, you are risking liability for damages you cause. Also note as captain of your vessel, you have legal obligation to protect your passengers’ lives (including your own). “Life and limb” obligations almost always trump property rights.

Worth noting: There are varying definitions of what constitutes “the Great Lakes” and what is excluded. This is important as Great Lakes laws and rules are NOT the same as most inland lakes and waterways.

For example, in many cases the lakefront property owner of an inland lake has different property rights at the shore than does a lakefront property owner on one of the Great Lakes. There are many other small differences in the law that you might not expect. For one example, laws governing dropping off and launching skiers and other towables are very different (ask me how I know this! )

The USCG has primacy on the Great Lakes and they consider Lake St Clair to be one of the Great Lakes’ “connecting waters” along with the St Clair and Detroit Rivers, the St Marys River, etc. Shoreline case law on the Great Lakes is varied and somewhat conflicting but generally follows the “public trust doctrine” whereby public rights of fishing, hunting, and navigation are protected up to the “ordinary high water mark” (which is loosely defined as the place on the shore up to which the the presence and action of the water is so continuous as it leave a distinct mark). Rights to walk along the shoreline have a more mixed caselaw history.

In this sense, Great Lakes shoreline definition is analogous to the high tide line others have mentioned prevails on ocean shorelines. One big difference - Great Lakes water levels have swung by many feet multiple times over the last hundred years. The highest of Lake Michigan’s high water marks (~1930, early 1950s, mid 1970s, mid 1980s, 2019-20) was nearly 7 feet (!) above its lowest low water marks (mid 1920s, mid 1930s, mid 1960s, 2002-2014). Seven feet of water elevation can, in many cases, move the “ordinary high water mark” by many dozens of feet.

Considering all that: Assuming you can treat Lake St Clair shoreline like a Great Lake shoreline, you already have reasonable, legal “navigation access” to its shore. Beaching in a storm to protect human life would nearly certainly be legal. Mooring to someone’s dock and/or mooring ball in a storm is not so certain, and you would likely be liable for any damage your actions create (you have no way of knowing the test load of the chain under that mooring ball, etc.)

Strongly suggest reaching out to your local US Coast Guard Auxiliary for better references than a bunch of “Internet guys.”

 

[Southernerd]

TL;DR - You are probably OK to beach on private property on Lake St Clair if caught in a storm. If you use any private mooring facilities, you are risking liability for damages you cause. Also note as captain of your vessel, you have legal obligation to protect your passengers’ lives (including your own). “Life and limb” obligations almost always trump property rights.

Worth noting: There are varying definitions of what constitutes “the Great Lakes” and what is excluded. This is important as Great Lakes laws and rules are NOT the same as most inland lakes and waterways.

For example, in many cases the lakefront property owner of an inland lake has different property rights at the shore than does a lakefront property owner on one of the Great Lakes. There are many other small differences in the law that you might not expect. For one example, laws governing dropping off and launching skiers and other towables are very different (ask me how I know this! )

The USCG has primacy on the Great Lakes and they consider Lake St Clair to be one of the Great Lakes’ “connecting waters” along with the St Clair and Detroit Rivers, the St Marys River, etc. Shoreline case law on the Great Lakes is varied and somewhat conflicting but generally follows the “public trust doctrine” whereby public rights of fishing, hunting, and navigation are protected up to the “ordinary high water mark” (which is loosely defined as the place on the shore up to which the the presence and action of the water is so continuous as it leave a distinct mark). Rights to walk along the shoreline have a more mixed caselaw history.

In this sense, Great Lakes shoreline definition is analogous to the high tide line others have mentioned prevails on ocean shorelines. One big difference - Great Lakes water levels have swung by many feet multiple times over the last hundred years. The highest of Lake Michigan’s high water marks (~1930, early 1950s, mid 1970s, mid 1980s, 2019-20) was nearly 7 feet (!) above its lowest low water marks (mid 1920s, mid 1930s, mid 1960s, 2002-2014). Seven feet of water elevation can, in many cases, move the “ordinary high water mark” by many dozens of feet.

Considering all that: Assuming you can treat Lake St Clair shoreline like a Great Lake shoreline, you already have reasonable, legal “navigation access” to its shore. Beaching in a storm to protect human life would nearly certainly be legal. Mooring to someone’s dock and/or mooring ball in a storm is not so certain, and you would likely be liable for any damage your actions create (you have no way of knowing the test load of the chain under that mooring ball, etc.)

Strongly suggest reaching out to your local US Coast Guard Auxiliary for better references than a bunch of “Internet guys.”

Personally I think this is being overthought. You shouldn't have to contact legal counsel to dock you boat in a storm. Practically, there are no legal consequences anyone is going to face in this situation if they don't damage property. It isn't a crime, even as a trespass it would be civil which is self limited by remedies. I don't see a landowner spending thousands to prosecute a civil suit for $1 in nominal damages.

 

[HangOutdoors]

@Southernerd But that is not the only point. If I have to emergency dock/beach and I am within my legal rights to do so and and an irate owner comes and out causes an altercation that goes past just verbal what is the situation. Where does the law stand. There are some people who don't have empathy and are just plain out there. I asked the original question as to explore what others have encountered as well as input on the topic.

You shouldn't have to contact legal counsel to dock you boat in a storm.

I agree with you, but there are people who are off their rocker and things could go down a wrong path very quickly.

Also understanding what is acceptable or allowed or legal could also minimize having civil action and/or criminal action brought up, which costs time, energy and attorney's fees possibly.

 

[Shawn F]

Ye

Personally I think this is being overthought. You shouldn't have to contact legal counsel to dock you boat in a storm. Practically, there are no legal consequences anyone is going to face in this situation if they don't damage property. It isn't a crime, even as a trespass it would be civil which is self limited by remedies. I don't see a landowner spending thousands to prosecute a civil suit for $1 in nominal damages.

Yeah, but it sure was unpleasant to narrowly escape a storm and get my family to safety to have some one jump in our face and threaten us with trespass charges, so it feels pretty empowering to have the information.

 

[Shawn F]

Ye

Yeah, but it sure was unpleasant to narrowly escape a storm and get my family to safety to have some one jump in our face and threaten us with trespass charges, so it feels pretty empowering to have the information.

In other words, whereas I may have hesitated to do that again in the future if necessary, now I won’t.

 

[Murf'n'surf]

Interesting debate. Around here, docks are owned by individuals but they are granted use to place docks over state owned water by the state.

Additionally, I would rather anchor and ride out a severe storm verses pull up next to a dock that could potentially damage the boat but would vary from case to case.

 

[josh195]

I've had to do this a couple of times. Once I took shelter in a slip at a marina in TN and the people around me were more worried that I was okay and wanted to help than they were about me trespassing. Another time I got caught in a pop up storm at night in a 16' bass boat. The whole situation was pretty stupid on my part. I was in a protected cove fishing after dark and a storm came up. I waited too long to leave and the wind/waves in the open water caught me by surprise so I just flipped on the bilge and took off across the lake to the light that I thought was at the boat ramp. Turns out it was a flood light at a different location and cell signal was limited so my GPS on my phone wasn't updating. I just tied off to their dock and waited it out under their porch. No lights were on in the house/cabin. I just kept waiting for someone to pop with a gun to see who was lurking around their house. The next day I tried to figure out where I was and it may have been a boy scout camp so there probably wasn't anyone there. It was probably the dumbest boating thing I've ever done, I was traveling for work and lived by myself so no one knew where I was, it would have been days before anyone came looking for me, and it was only the second or third time I had been on that lake.

 

[tabbibus]

I too am a new boat owner. My daughter, my dog and I got caught in an unexpected NASTY electrical storm this weekend. Lightning striking all around us. Thankfully We made it back to the lock in to our neighborhood but so did 5 other boats so there was a 30 minute wait. No spots on the dock and very high winds. For our safety I made the decision to tie up to a private dock with no boat at a house right next door to the harbor house. Because of the lightning I took us ashore and we cut across the very corner of their yard to get to safety. Absolutely no damage was done. We waited out the storm about half an hour. As soon as the rain stopped, the owners of the house stomped up demanding to know if we were the party “involved in the incident” (the incident of walking across their yard) they chided and scolded us for 20 minutes about trespassing on their property and how we should have just takenthe consequences for our actions (not watching the weather closely enough). I was shocked and dismayed at the lack of empathy. I have researched this all week and I am now convinced that we had the right of private necessity to not only cross their yard, but to remain on their property until the danger had passed.

wow. what a cold hearted person.

 

[tabbibus]

Interesting debate. Around here, docks are owned by individuals but they are granted use to place docks over state owned water by the state.

Additionally, I would rather anchor and ride out a severe storm verses pull up next to a dock that could potentially damage the boat but would vary from case to case.

Anchor as in the water? I would worry about a lighting strike

 

[Southernerd]

@Southernerd But that is not the only point. If I have to emergency dock/beach and I am within my legal rights to do so and and an irate owner comes and out causes an altercation that goes past just verbal what is the situation. Where does the law stand. There are some people who don't have empathy and are just plain out there. I asked the original question as to explore what others have encountered as well as input on the topic.



I agree with you, but there are people who are off their rocker and things could go down a wrong path very quickly.

Also understanding what is acceptable or allowed or legal could also minimize having civil action and/or criminal action brought up, which costs time, energy and attorney's fees possibly.

You aren't going to get an answer in black letter law and there is but one case on point: Ploof v. Putnam, 81 Vt. 471, 71 A. 188 (1908). Though it is more than 100 years old it is still cited as good law by state and federal courts in regards to the doctrine of necessity.

In the Ploof case, your exact scenario played out. A boater caught in a storm docked on private property. However, in that case, the dock owner unmoored the boat causing it to be damaged and destroyed by the storm. The boat owner sued for the damages and the dock owner attempted to avoid responsibility for damage to the boat by claiming the boat owner had trespassed. This argument was rejected by the court which held: "It is clear that an entry upon the land of another may be justified by necessity."

The doctrine of necessity allows that: "An entry upon land to save goods which are in danger of being lost or destroyed by water or fire is not a trespass... This doctrine ... applies with special force to the preservation of human life. One assaulted and in peril of his life may run through the close of another to escape from his assailant. ... One may sacrifice the personal property of another to save his life or the lives of his fellows."

These doctrines are based upon a common law existing longer than the US and adopted by our constitution. In the absence of a state specific repudiation by the legislature or the courts, they are law. There are also related doctrines such as safe harbor in Admirality law that specifically require that safe harbor be give in certain situations within the jurisdiction of maritime law.

 

[Jim_in_Delaware]

Yeah, but it sure was unpleasant to narrowly escape a storm and get my family to safety to have some one jump in our face and threaten us with trespass charges, so it feels pretty empowering to have the information.

Most important thing is the safety of yourself and your passengers.

Personally, I would not sweat 'trespass charges'. LOL, maybe it's because I don't know exactly what this means. Is this having the police come out and assess the situation and maybe ask you to leave? It's what you would do anyway, when you safely could. Is it a $50 - $200 fine and if it is, it is well worth it.

I think the important thing is don't lose your cool, even when the homeowner is a total ass. Calmly explain the situation to them and if they want to call the local PD then encourage them do so.

Jim

 

[HangOutdoors]

Calmly explain the situation to them and if they want to call the local PD then encourage them do so.

And that is key to it, I believe. With good information and knowledge on the topic and the legal as well as the gray areas, hopefully a heartfelt discussion with someone while in this situation whom is not initially understanding will deflate a possible escalation and everything will work itself out.

I am guess that most land/dock owners would understand, but it is the few that would be the issue.

 

[Southernerd]

@Southernerd But that is not the only point. If I have to emergency dock/beach and I am within my legal rights to do so and and an irate owner comes and out causes an altercation that goes past just verbal what is the situation. ...



I agree with you, but there are people who are off their rocker and things could go down a wrong path very quickly.

This is why in my initial comment I mentioned that the greatest threat in this scenario is an overzealous property owner. People seem to think they are justified in committing all manners of atrocities against anyone that so much as breathes in the direction of their property. Those kinds of people don't really care what the law is anyways, they think they are the law.

 

[Murf'n'surf]

Anchor as in the water? I would worry about a lighting strike

Yup....bow into the wind and ride it out. Lightning? I never won anything so the odds are with me to remain safe.

 

[tabbibus]

Yup....bow into the wind and ride it out. Lightning? I never won anything so the odds are with me to remain safe.

Lol. I did that once. I didn't think much about it. Rode it out. Then went to the interwebs and got scared about all the stories. haha. Now I just try and outrun it. More fun that way

 

[CarolinaJet]

Interesting stuff. So now that we have this general understanding that ‘any port in a storm’ means the law is probably on your side regarding the preservation of life and property, if you do encounter a storm and you’re too far from a ramp or it’s jammed, and you can’t outrun it, what is your order of preferences for where to seek shelter? Is the consensus:
1) tie to any dock and get off the boat and to safety
2) beach it, tie off to something, and get to safety
3) drop anchor and get low in the boat (the captains course mentioned this)
4) stay at the helm to try and keep waves from coming over the bow

would you choose a different order? Would you never do [HASH=550]#4?[/HASH]

 

[Jim_in_Delaware]

Interesting stuff. So now that we have this general understanding that ‘any port in a storm’ means the law is probably on your side regarding the preservation of life and property, if you do encounter a storm and you’re too far from a ramp or it’s jammed, and you can’t outrun it, what is your order of preferences for where to seek shelter? Is the consensus:
1) tie to any dock and get off the boat and to safety
2) beach it, tie off to something, and get to safety
3) drop anchor and get low in the boat (the captains course mentioned this)
4) stay at the helm to try and keep waves from coming over the bow

would you choose a different order? Would you never do [HASH=550]#4?[/HASH]

How about
5) anchor close, but not to close, to a sailboat!

Jim