FYI - No North Entry at Marge's

by Marge's Lakeside Inn on Wednesday, September 1, 2010 at 4:09pm FYI....due to the continuous struggle with boaters/Jet Ski and trespassing issues our neighborhood has encountered, we have a No North (rear) Entry policy in place at this time. It's all private beach so walking around or cutting through ARE NOT options either. If you cut through a neighbors property (trespass), you won't be able to come in the front either. Just wanted to get the word out before you are disappointed when you can't get in from the water. Very sorry to all the good people that this will affect, but isn't it always the few idiots who ruin it for the rest in almost everything? Like Share

10 people like this.

Kathleen Flood That SUCKS!! September 1, 2010 at 4:31pm Like

Denise Ruf Just follow the rules. Is it really that freakin hard? September 1, 2010 at 4:36pm Like

Lauren Goetz That does suck. We were going to stop by tonight on the jet ski. September 1, 2010 at 4:36pm Like

Reggie Henderson I'm surprised you can own Lake Ontario. I thought there was some amount of beach from water's edge that was public for the whole lake. But...

it seems that if you buy beachfront property, you not only own the beach, but even the water, that's why they can't put windmills out there. September 1, 2010 at 6:16pm Like

Joanie Goldstein Kelley Unfortunately it only takes a few to break the rules and that effects everyone else! Of course we've never broken any rules!!! September 1, 2010 at 6:17pm Like

Marge's Lakeside Inn Reggie, nobody is claiming to own Lake Ontario. The issues stem primarily from the disrespectful attitudes that seem to be so prevalent these days. September 1, 2010 at 7:10pm via mobile Like 3

Lorraine Parzuski the state owns the water no one can own the water that is a fallacy. look it up. September 1, 2010 at 9:16pm Like

Lorraine Parzuski Some jurisdictions permit residents to access a public lake or beach by crossing adjacent private property. Similarly, there may be a private easement to cross a private lake to reach a remote private property, or an easement to cross private property during high tide to reach remote beach property on foot. this is under ny state easement law. somebody needs to do some research. September 1, 2010 at 9:23pm Like

Lorraine Parzuski we do this on beach ave in charlotte we live across the street but are allowed to cross to go to the beach on private property. September 1, 2010 at 9:24pm Like

Kara Nicol Lohrmann That sucks!! I can't get there by boat..Why is it that people can't follow the rules..they ruin it for everybody.. September 1, 2010 at 9:33pm Like

Debra Brennan And just when I was gonna buy a boat! LOL September 2, 2010 at 7:20am Like

Hal Heindel Lorraine, I did look it up, a long time ago when we bought one of the beach front properties a few houses down from Marge's. And you're right, in the case of the 13 original states, the State does own the land under the water (though not the water itself) but only beyond the "ordinary low water mark." The Pennsylvania Supreme Court defined this as the "ordinary low water mark, unaffected by drought; that is, the height of the water at ordinary stages." Appeal of York Haven Water & Power Co., 212 Pa. 622, 62 A.97 (1905). In the case of the original 13 states, upon ratification of the United States Constitution, title to these lands did not change, it remained vested in the several states. Now, if we own the land under the water up to the ordinary low water mark, wouldn't it stand to reason that we own the beach leading up to it?

September 2, 2010 at 8:03am Like 2

Mary- Cookie- Scalise Balme I'm bummed!!!! This was my favorite thing to do in the summer!! September 2, 2010 at 8:06am Like

Kelly Darcangelo Sorry Reggie, but when I pay GOOD money to live on the beach I dont want drunk a**holes tresspassing through my yard, breaking my stuff, peeing on my beach, letting their dogs run wild, crapping all over the place, cheesy girls playing loud music dancing on top of the boats with no clothes on, picnicing on MY FURNITURE....Can I come to YOUR bsckyard and do that??? Durand beach is right down the lake and it is PUBLIC.. September 2, 2010 at 9:04am Like 9

Michael McClusky Okay I have to put my two cents in here and I'm sure some will not like...I'm a boater and and have lived on the water in many places...and the same stuff happened....and yes many disrespect the land ownership or just plainly don't know tha...See More September 2, 2010 at 10:08am Like 1

O.j. Teabag Sotir Guess me and my friends will have to spend our money at the Bayside & Castaways then.... and just drink on the boat right infront of Marges ! September 2, 2010 at 10:14am Like 1

Hal Heindel That's the spirit, O.J., that's the attitude we've all come to love and respect. And you wonder why Marge's did what they had to! September 2, 2010 at 10:17am Like 3

Hal Heindel Good points, Michael. I can't speak for other property owners near Marge's, but I think most of the residents here love this living landmark, and I personally don't mind the extra noise and commotion and even the boaters, if they use a little common sense. Like, don't use the f..k and N words within earshot of six-year olds, don't turn the rap music up loud enough to be heard in Cleveland, and don't bring your dogs on our beach, least not without a bag and scooper. And if you're going to take your clothes off and dance around naked, give me fair warning so I can get the camera and the binoculars. As for the walkers, that does present a problem in our litigous society. When somebody falls down drunk on our supposedly "public" beach and breaks an ankle, guess who gets sued? The people with the house on it. Nobody looks to New York State for a little extra cash. Suddenly, it's become our beach! And the courts happily say it is. That's not a what- if, it actually happened. September 2, 2010 at 10:37am Like 1

George Babcock Look up Riparian Rights. Shore line property owners can only own to the high water mark and there must be access for all other residents. All waterways in NY state are owned by the state. And their jurisdiction applies. September 2, 2010 at 2:03pm Like

Hal Heindel Can you cite a case file where shore line property owners can only own to the high water mark and not the average or "ordinary" low water mark, George? Given that people are beginning to be issued citations for tresspassing, this might be of interest if you can back it up. Just so we're on the same page, the Riparian Rights Principle has its origins in English common law and exists in many countries with a common law heritage, such as Canada, Australia, and states in the eastern United States. Under this common law principle, all landowners whose property is adjoining a body of water have the right to make reasonable use of it. Riparian Rights include such things as the landowner's right to access for swimming, boating and fishing; the landowner's right to wharf out to a point of navigability; and the landowner's right to erect structures such as docks, piers, and boat lifts (in conformance with Federal and local statutes). Do Riparian Rights allow waterway travellers to enter private land? Yes, but only for purposes incidental to navigation (such as portaging a canoe around a blocked riverbed or seeking temporary refuge from a passing storm), and then only when absolutely necessary. Apart from such absolutely necessary uses, waterway travelers have no right to beach their vessel or to walk on, or enter, private land in any way. Riparian Rights or not, that's still tresspassing. I would hardly consider taking your dog for a leak on our private beach absolutely necessary. Granted, a very large dog on a very small boat might present extenuating circumstances. FYI, there is no State statutory law that embodies and describes the public right of navigation. A bill to enact such a law was introduced in the New York State Legislature in 1989. It passed in the Assembly in 1990 and was re-introduced in the Senate and the Assembly in 1991, but was not enacted into law and has not been re-introduced since the Court of Appeals issued its landmark decision in 1998 on the Moose River case. And, yes, please do look it up! September 2, 2010 at 5:24pm Like 3

Marge's Lakeside Inn The property owners rights and laws are truly hard to interpret. Hal...you are doing a fabulous job in your research and I thank you for taking the time to help out the area with this information! I'd just like to add that most of the dis...See More September 3, 2010 at 9:46am Like 1

Matthew Snoozer Langworthy I did some research and discovered the following information at: http://www.protectadks.org/data/images/stories/pdf_documents/public_navigation _rights.pdf and http://www.nyswaterfronts.com/waterfront_public_trust.asp If I'm reading the websites correctly, it's OK to pass through private property for the purposes of getting to a stream or lake to put a canoe in the water... but hanging out on private waterfront property or even just taking a leisurely stroll through it is forbidden. I lived on Lake Bluff Road for about a year and I sympathize with the homeowners who live on the lakefront. Unfortunately, the problem with the trespassers is a classic case of the selfish few who ruin something good for everyone else. September 12, 2010 at 5:45pm Like