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UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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What rights do I have to Moor a boat on my private quay on

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What rights do I have to Moor a boat on my private quay on river dart
I would suggest that you check with the Dart Harbour Navigation Authority just to be absolutely sure whether or not you require a morning licence from them.
The Authority guidance is as follows
Boats and vessels berthed against quays, banks etc. are commonly referred to as being ‘moored’ but such berthing arrangements do not constitute “a mooring” for the purposes of the DHNA Act 1975 (Section 33). A contrary ruling, made by the Secretary of State became the subject of a Judicial Review in 2003 and was overturned by Mr Justice Lightman in the High Court.
Although strictly speaking ‘berthing alongside’ does not involve the use of ‘a mooring’ in technical terms, the key issue – aside from the physical considerations of tide and the safety of the vessel, particularly in the event of a storm – in determining whether a boat or vessel may berth long term against a quay, wall or bank, is the ownership of the fundus directly under the vessel. It should be noted that the Authority’s rights and powers in this instance are derived from Section 30 of the DHNA Act and not Section 33 (the Section on moorings). This means that the Secretary of State has no power to determine the “reasonableness” of the Authority’s decisions in this matter.
On fundus owned or leased by the Authority, alongside berthing will continue to be generally prohibited. In other cases where other owners of fundus wish to have a vessel berthed alongside, the Authority will not oppose this usage unless there are navigational or environmental reasons for so doing.
The above appears in page 36 of its policy on moorings
Hope this helps
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