Waterfront land

[2old]

What is the name of your state NH

If a neighbor has a dock and crosses my boundaries in the water, thus partially blocking my access, do I have a legal right to ask him to move his dock back to within his boundaries?

 

[justalayman]

what kind of waterway and do you actually own the land under the water?

 

[not2cleverRed]

According to https://forum.freeadvice.com/neighbors-boundaries-108/waterfront-right-way-dock-536952.html
(helpful suggestion of site), how far the dock is from your property is an issue.

So, in that thread, one poster (#3) alleges that in NH a dock cannot be closer than 20 ft to any neighboring property in any direction without a signed waiver from that neighbor, and that in order to the NH state DES issues the dock permits. How close is this dock? Did you sign a waiver? Did your neighbor have the appropriate permit from the DES (plus whatever extra requirements your municipality has)?

This of course assumes that your property has waterfront rights in the first place. Yes, you can have waterfront property without waterfront rights. I have a neighbor who has waterfront property with no docking rights, as part of the deed, when they purchased the property from a marina; they have property with a riverfront, the marina has built an extensive maze of docks completely across their riverfront.

 

[justalayman]

According to https://forum.freeadvice.com/neighbors-boundaries-108/waterfront-right-way-dock-536952.html
(helpful suggestion of site), how far the dock is from your property is an issue.
.

so, running blind but still possibly some help depending on the circumstances, here is a bit more in the same vein:

http://des.nh.gov/organization/commissioner/pip/forms/wetlands/documents/seasonal_dock.pdf

you might chase those websites at the top of the page for more information. I didn't due to the lack of info so far.

 

[2old]

what kind of waterway and do you actually own the land under the water?

No I don not own the land under the water. It's on a lake and the house is on this lake.

 

[justalayman]

No I don not own the land under the water. It's on a lake and the house is on this lake.

not nearly enough info.


just because you are on a lake doesnt mean you dont own the land under the water. in fact, on most smaller bodies of water you actually do own the land under the water based on riparian rights. it appears your state applies littoral rights to some of the larger bodies of water though.



i suggest you research exactly what you do own before going any further.

 

[2old]

not nearly enough info.


just because you are on a lake doesnt mean you dont own the land under the water. in fact, on most smaller bodies of water you actually do own the land under the water based on riparian rights. it appears your state applies littoral rights to some of the larger bodies of water though.



i suggest you research exactly what you do own before going any further.

Ok, I didn't know that and I will research it further. It seems through all my research and questions it looks like I will have to involve the DES unless this neighbor comes to his senses.

Thanks for the above input

 

[154NH773]

The State of NH owns all lakes and ponds over 10 acres, and permits seasonal docks meeting the criteria listed in the DES link above.
Although permits are issued by the State DES, individual towns should have filed approvals with the tax files of each property.
I suggest you inquire at your town hall as to whether your neighbor has a valid permit, and make a complaint if the conditions are not compliant with the DES requirements.

 

[154NH773]

For a list of all public lakes and ponds in NH, follow this link:


http://des.nh.gov/organization/commissioner/pip/publications/wd/documents/olpw.pdf