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Post by kris on Nov 2, 2021 10:44:42 GMT
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Post by Telemachus on Nov 2, 2021 11:32:08 GMT
But if you do moor under dodgy looking trees, and then the tree comes down on your boat in a gale, apparently it is someone else’s fault.
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Post by Telemachus on Nov 2, 2021 11:39:10 GMT
 Looks like a bit of a junk yard… |
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Post by kris on Nov 2, 2021 11:52:06 GMT
Looks like a bit of a junk yard… That’s the appeal of some of those creeks in Cornwall. |
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Post by Telemachus on Nov 2, 2021 11:54:06 GMT
Looks like a bit of a junk yard… That’s the appeal of some of those creeks in Cornwall. I agree. We used to go on boaty holidays to St Mawes, just across the water. My point really is that if you are going to moor a houseboat up such a creek, you can’t really expect someone else to tend the trees to eliminate the possibility of them falling on you. |
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Post by kris on Nov 2, 2021 11:56:33 GMT
It does seem like some blame is being apportioned to the land owner. I suppose it will be up to a judge to decide liability or not. It does seem unfortunate or lazy if the tree was known to be dangerous.
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Post by peterboat on Nov 2, 2021 12:05:50 GMT
I moored in Paddington basin in 2008 I was narrowly beaten to a good mooring in the entrance by another narrowboat, that night a storm blew the tree down on top of the guys boat sunk him! They both lived but I was a happy chappy to say the least even though I was on a shit mooring near the hospital. What surprised me was the speed with which BW sorted it out tree was cut up rapidly and work boat help refloat the narrowboat, I later when moving moorings collected a lot of the wood
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Post by The Lockie on Nov 2, 2021 12:56:20 GMT
We had a similar not so severe but smashed a roof vent and messed up the roof paintwork,moored on the T&M opposite land belonging to a private school. The school head in his nice Brogues walked with me on their land to see the tree and look at the damage.He assured me the school would settle the cost of putting my boat right. An hour later got a call from the groundsman telling me he had been instructed “to get rid of all signs of the tree” and advising me to get photos. Really good of him.
Moral of this tale is just because someone has a posh public school accent and acts like a true Gentleman, that is not always the case. They seem to view you as a Pleb who can be pushed around.
My insurers were provided with the “evidence” the school refused to pay court papers issued,and guess what, they settled on the day before the Court hearing.Bunch of shysters!!
Sad thing is the total bill was less than 3K, this was about 25 years ago mind.
It is the duty of the Riparian landowner to ensure the safety of any trees that may effect the public the highway or pose a danger to navigation.
The landowner in this case according to the newspaper is quite well to do, lets hope he proves me wrong in my assessment of the upper classes!!!
and that the Old Boys Club doesn’t close ranks.
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Post by Telemachus on Nov 2, 2021 13:02:43 GMT
We had a similar not so severe but smashed a roof vent and messed up the roof paintwork,moored on the T&M opposite land belonging to a private school. The school head in his nice Brogues walked with me on their land to see the tree and look at the damage.He assured me the school would settle the cost of putting my boat right. An hour later got a call from the groundsman telling me he had been instructed “to get rid of all signs of the tree” and advising me to get photos. Really good of him. Moral of this tale is just because someone has a posh public school accent and acts like a true Gentleman, that is not always the case. They seem to view you as a Pleb who can be pushed around. My insurers were provided with the “evidence” the school refused to pay court papers issued,and guess what, they settled on the day before the Court hearing.Bunch of shysters!! Sad thing is the total bill was less than 3K, this was about 25 years ago mind. It is the duty of the Riparian landowner to ensure the safety of any trees that may effect the public the highway or pose a danger to navigation. The landowner in this case according to the newspaper is quite well to do, lets hope he proves me wrong in my assessment of the upper classes!!! and that the Old Boys Club doesn’t close ranks. However I wonder if the same applies to coastal water. Or even if that creek counts as coastal water or (being a creek) some sort of river. But I doubt there is a PRN since I suspect it counts as the sea. And it fully dries out at low tide except for a bit of wet mud. |
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Post by The Lockie on Nov 2, 2021 13:51:10 GMT
Fair point, however I think the overriding obligation on the Landowner is that of public safety, if the waterway is navigable is it a “Navigation “? Not sure.
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Post by Deleted on Nov 2, 2021 15:34:31 GMT
Years ago (early 90s) a couple moored their cruiser at Cliveden just below Cookham lock and one of the beech trees fell on the boat. There was a fatality. Don't know how this works with permission to moor but the NT who own that bit do allow mooring but there are a lot of trees.
Beech trees dodgy as apparently they can come down without high winds or obviously being in bad condition. Nasty.
If it started getting complicated then I could see a lot more landowners by the Thames putting out signage to prohibit mooring.
There is a lot already, and more turning up all time.
I had thought in a selection of idle moments about getting some signs made up and screwing them to random trees.
*
"No mooring - bugger off"
"No mooring - DO ONE"
"No mooring - sling yer hook"
&c
Private land owners. Bunch of <word removed>s.
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Post by TonyDunkley on Nov 3, 2021 11:09:50 GMT
Fair point, however I think the overriding obligation on the Landowner is that of public safety, if the waterway is navigable is it a “Navigation “? Not sure. There is a general public right of navigation on any UK waters where the tide flows, ie the furthest inland point to where the tide reaches, and that holds good from the smallest creek or inlet to the UK's biggest rivers. Hand in hand with the common law PRN on tidal waters also goes a common law public right of way -- both being extinguishable only by an Act of Parliament or the waterway becoming unnavigable through natural siltation and shallowing. The creek in question here clearly is navigable, and although not classed as a navigation per se, it is a public right of way on which there is also a public right of navigation. The owners of the land on either side will also own the bed of the creek to the centre, and so will be liable for any safety matters relating to property in the creek or persons using it to the same extent as any other landowner. |
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Post by The Lockie on Nov 3, 2021 20:42:57 GMT
Fair point, however I think the overriding obligation on the Landowner is that of public safety, if the waterway is navigable is it a “Navigation “? Not sure. There is a general public right of navigation on any UK waters where the tide flows, ie the furthest inland point to where the tide reaches, and that holds good from the smallest creek or inlet to the UK's biggest rivers. Hand in hand with the common law PRN on tidal waters also goes a common law public right of way -- both being extinguishable only by an Act of Parliament or the waterway becoming unnavigable through natural siltation and shallowing. The creek in question here clearly is navigable, and although not classed as a navigation per se, it is a public right of way on which there is also a public right of navigation. The owners of the land on either side will also own the bed of the creek to the centre, and so will be liable for any safety matters relating to property in the creek or persons using it to the same extent as any other landowner. |
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Post by The Lockie on Nov 3, 2021 20:45:47 GMT
Good to hear. Main worry is the powerful landowner will wriggle out of it. We were successful in the end due to our insurers perseverance. However the stakes are much higher when someone has lost their life. Perhaps i’m too cynical,but life has taught me that cynicism is well founded.
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