Purported owner tries to force us to buy Pontoon on River Hamble though court action.

[rafsailor]

Most privately owned boats on the River Hamble are moored two abreast between solid posts lodged in the river bottom. A few boat owners have added pontoons between the posts. They are unnecessary but some owners prefer them. We do not. The Harbour Authority has allocated us a mooring. It contains a pontoon. The previous occupant is taking us to court to force us to buy it at a very high price. He tried to prevent the Harbour Authority from offering us the mooring, without buying the pontoon
This has failed. The Harbour Authority has not made occupation of the berth conditional on buying the pontoon. We have suggested that he remove it. He has not done so.
Any advice welcome.

[PallasAthena]

"The previous occupant is taking us to court ..."

What stage has this got to? Actual court proceedings issued? A formal 'Letter of Claim under the Pre-action protocol' received? Or just general threatening noises but no action?

Are you able to access your boat without stepping on the pontoon?

[des8]

Seems to me you might be classed as an involuntary bailee and could deal with the matter as provided for by the Torts (interference with goods) Act 1977

[atticus]

Some years ago I had some dealings with moorings on the Hamble. As with many rivers, it is subject to specific legislation and bye-laws. Thankfully I do not remember enough to say more.

[rafsailor]

The Court has written to us but no date is yet set. I do not think that Hamble bye-laws affect this issue. We always enter the boat directly from the club launch.. The fuel lead between our filler and the fuel take has been disconnected. I do not believe that this could happen on a calm river, without tampering.
It has cost a considerable amount to have diesel removed from the bliges plus the cost of 240 litres of diesel.

[atticus]

It seems that there is a court case. If the OP would like further advice, would he please explain more about the case and the present state of the proceedings.

[PallasAthena]

Please can you post a copy of the court document you have received so that we can understand the basis of claim. Cover up all personal information that could identify you and the claimant before uploading [paperclip icon top right of Reply box].