Question for Resident Lawyer Mike P

[Swimmer]

Originally Posted by PaulS

1) How about if he was shining a light on the water to scare the fish or 2) If was throwing rocks in the water (not near the fisherman) - would that be harrasment?

Childish very much so, but as you describe, not criminal. If he was throwing them near the fisherman, maybe a disturbance of the peace, and thats a stretch as well. Probably a stern talking to by a pissed off officer having to spend time with an educated, rude, and arrogant rich person. Afterall, how many times have kids thrown rocks nearby where your fishing because its fun. You should legally fill up the beach with fishermen/women some night. Be polite, not loud, have fun, and see how he likes that.

I had trouble with a caretaker in Bourne. Drove his vehicle in my direction one morning at 5 a.m. in front of Bill and Jul's here. I wanted to drag him out of the car, and maybe ten years before I would have, after all I have the right to arrest a felon any in the commonwealth. He was so pissed I wouldn't listen to him about the road being private he was sptting mad. I told him to call the cops, and when he drove at me, I then said, "listen %$%$%$%$%$%$%$, I am a cop and your not doing that again". He drove off and he never came near me after that. He was the worst one I ever dealt with. I have spoken with other people who are landowners, in an adversarial mannr as well, my reply to them after they have told me I have no right to be where I am is, "calls the cops, I'll be glad to listen to them".

[Gloucester2]

I'm not a lawyer - but I too pay attention when Mike talks



From the mass.gov
Public Rights Along the Shoreline
Coastal managers are often asked, "Who owns the sea and shore?" If you have been curious, or perhaps a bit confused about what rights the public has along the shoreline, here's a brief primer on waterfront property law.

Ownership of Tidelands
"Tideland" is the legal term for all land beneath the waters of the ocean, including lands that are always submerged as well as those in the intertidal area (i.e., between the high and low tide marks). In every coastal state, the use of tidelands is governed by a concept in property law known as the Public Trust Doctrine, which dates back centuries to ancient Roman law. The doctrine states that all rights in tidelands and the water itself are held by the state "in trust" for the benefit of the public. In most states, this means that public ownership begins at the high water mark.

The Massachusetts Bay Colony originally followed this rule, until its legislators decided to transfer ownership of certain tidelands to coastal landowners, in order to encourage private wharf construction on these so-called "intertidal flats." This general land grant was accomplished by the Colonial Ordinances of 1641-47, which in effect moved the line between public and private property to the low water mark, but not farther seaward of the high water mark than "100 rods," or 1,650 feet. This intertidal area (now called "private tidelands") is presumed to belong to the upland property owner, unless legal documentation proves otherwise for a given parcel (as is true in certain segments of Provincetown, for example).

Although the Colonial Ordinance changed the ownership of most intertidal flats from public to private, it did not transfer all property rights originally held in trust by the state. For one thing, no rights to the water itself (as distinct from the underlying lands) were relinquished by the Ordinance. Moreover, the law specifically reserved for the public the right to continue to use private tidelands for three purposes-fishing, fowling, and navigation.