To Help or Not

[kmacdonald]

Should you secure an unattended boat dragging repeatedly in an anchorage? Any liability in helping? Potential trespassing?

[Orion Jim]

Notify the harbormaster, coast guard, local police. There are liability issues associated with “helping”. Good Samaritans are often disrespected…….no good deed goes unpunished….

[boatman61]

A tricky one.. if it drags into someone or goes aground after you have been aboard (witnessed) there is a chance the owner could hold you liable..
It woz fine till he messed wiv it M'Lud..

[kmacdonald]

That's what I thought. I was told the CG was notified but refused to help since loss of life was not imminent.

[kmacdonald]

A shame. I'll just watch it wash up on the beach.

[sailorboy1]

Originally Posted by kmacdonald

Should you secure an unattended boat dragging repeatedly in an anchorage? Any liability in helping? Potential trespassing?

If it were your boat dragging what would you want the answer to be?

I would secure it, and keep it to myself.

Kind of like taking care of banging halyards.

[boatman61]

Originally Posted by kmacdonald

A shame. I'll just watch it wash up on the beach.

I have done it in the past.. in the Balearics (charter boats) and on the anchorage Panama City side of the Canal exit.. can't remember the name of the anchorage.. everyone wanted to be close to the jetty despite the poor holding.

[Montanan]

Maryland trespass law, seemingly most relevant portion thereof:

6-403. Wanton trespass on private property
(a) Prohibited — Entering and crossing property. — A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so, unless entering or crossing under a good faith claim of right or ownership.

b) Prohibited — Remaining on property. — A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so.

(c) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both;

2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; and

(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.

(d) Construction of section. — This section prohibits only wanton entry on private property.

(e) Applicability to housing projects. — This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section.

So, barring a good faith claim of right of ownership, you may not enter or remain upon the property or boat of another person, or cross the property or board the boat of another person, after being specifically told that you may not do so by the owner of said property or boat or the owner’s agent.

The latter part of the section details the penalty schedule for doing so. Again, this is extremely fuzzy, but I have quoted the relevant section verbatim. Make of it what you will.

[Tetepare]

I’ve done it several times.

One owner was smart enough to leave the keys in the ignition so I re-anchored. They were very appreciative.

Another boat I did twice in two days while the morons were ashore partying, then told them to GTFO of the anchorage since they’d already hit one boat. Each time they didn’t trust my anchoring, they re-anchored. The third day I let the boat go up on the rocky wall. Then they finally left.

[Island Time O25]

Originally Posted by Montanan

Maryland trespass law, seemingly most relevant portion thereof:

6-403. Wanton trespass on private property
(a) Prohibited — Entering and crossing property. — A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so, unless entering or crossing under a good faith claim of right or ownership.

b) Prohibited — Remaining on property. — A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so.

(c) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both;

2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; and

(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.

(d) Construction of section. — This section prohibits only wanton entry on private property.

(e) Applicability to housing projects. — This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section.

So, barring a good faith claim of right of ownership, you may not enter or remain upon the property or boat of another person, or cross the property or board the boat of another person, after being specifically told that you may not do so by the owner of said property or boat or the owner’s agent.

The latter part of the section details the penalty schedule for doing so. Again, this is extremely fuzzy, but I have quoted the relevant section verbatim. Make of it what you will.

The key phrase here "after being notified by owner".

In Maine for example the law allows crossing someone else's land for hunting, fishing, camping, etc. UNLESS otherwise posted.

Also, can't a dragging UNATTENDED vessel be classified as a hazard to navigation and capturing it should give some rise to a salvage claim of some sort

[kmacdonald]

The way I read the law is that I can't be charged with trespass since no one is there to tell me to get off the boat. It doest address liability if boat continues to drag after reanchoring. From what I'm told, the boat in question has a smallish CQR. Little chance of that holding. The boat is in decent condition.

[Statistical]

The keyword for me is "repeatedly". I would help a neighbor being neighborly. Someone dragging repeatedly is not a good neighbor. They are someone who is careless and not worried about their impact on others. That is exactly the kind of person who would sue you under any pretense no matter how thin if there is a good chance of getting some money.

[kmacdonald]

Originally Posted by Statistical

The keyword for me is "repeatedly". I would help a neighbor being neighborly. Someone dragging repeatedly is not a good neighbor. They are someone who is careless and not worried about their impact on others. That is exactly the kind of person who would sue you under any pretense no matter how thin if there is a good chance of getting some money.

Yes, my thoughts also.

[rslifkin]

If I'm in a position to improve the situation and the boat is dragging to the point where either that boat or others are placed in danger, yes, I'd attempt to do something about it if I could do so safely.

[kmacdonald]

Maybe the best option is to do something after dark if time allows. There is a current state registration sticker on the bow. Wonder if the state would contact the owner if I gave them the registration number.