Section 459 - Easements and rights-of-way; installation of docks1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dock" means a platform used for access to a water body or to secure, protect and provide access to a boat or ship. The platform may extend from a shore over the water body or may be a floating platform attached to a mooring. [2017, c. 194, §1(NEW).]B. "Easement or right-of-way" means the right of a person to pass over the land of another person. [2017, c. 194, §1(NEW).]C. "Water body" means all inland and coastal waters, including but not limited to all ponds, great ponds, lakes, rivers, streams and coastal waters. [2017, c. 194, §1(NEW).] [2017, c. 194, §1(NEW).]
2.Easements or rights-of-way established on or after January 1, 2018. The owner of an easement or right-of-way leading to or touching upon a water body does not have the right by implication to construct a dock on the easement or right-of-way or use the easement or right-of-way to facilitate the construction of a dock on the water body if:A. The easement or right-of-way is originally established in a written instrument executed on or after January 1, 2018; and [2017, c. 194, §1(NEW).]B. The instrument granting or reserving the easement or right-of-way does not expressly include the right to construct a dock on the easement or right-of-way or the right to use the easement or right-of-way to facilitate the construction of a dock on the water body. [2017, c. 194, §1(NEW).] [2017, c. 194, §1(NEW).]
Added by 2017, c. 194,§ 1, eff. 11/1/2017.