ABSTRACT

Yacht clubs and owners of private moorings may be entitled to enjoy certain rights in respect of the property they occupy. The third parties had obtained licences to place the moorings, for which an annual fee was being paid. Further, in the case of Earl Iveagh v Martin, Paull J confirmed the right of navigation over all tidal waters, which includes all rights necessary for the full enjoyment and exercise of the rights of a convenient passage, including the right to anchor and to remain for a convenient time. Under the Harbour Docks and Piers Clauses Act 1847, the harbour master may give directions for regulating the time at which, and the manner in which, any vessel shall enter into, go out of, or lie in or at the harbour, dock or pier. The owner of marina where yachts are moored is responsible for maintaining the mooring in a state in which the safety of moored yachts can be guaranteed.