Legal Question in Real Estate Law in Massachusetts

PROPERTY RIGHTS I belong to a sailing club called Boston harbor sailing it has a dock and a launch right in front of the Boston harbor hotel .

Basicaly you have to walk thought the outside of the Boiston harbor hotlel to get to the dock in order to call the launch to pick you up to take you out to the sailboats

today I had a sign asking for crew for the sailboat a huge 400lb security officer came over strated pushing me around with his BIG FAT STOMIC saying I was panhanling to me to leave .

I tried to explain to him I I'm a mamber of the sailing club which has it's dock right here , he said to me there isn't any sailing club here I showed him the launch .......he said that's a water taxi ( NOTE HOW STUPID CAN A SECURITY OFFICER BE NOT TO KNOW THAT THERE IS A SAILING RIGHT ON HIS PROPERTY , HE COME TO WORK EVERY DAY WEEK AFTER WEEK MONTH AFTER MONTH AND DOESN'T KNOW THERE IS A SAILING CLUB ? ? ? ? LETS FACE IT 1 OF THE MAJOR DUITYS OF A SECURITY OFFER IS TO BE OBSERVANT ? ? ? ? DUMB AS A ROCK )

So may question is can he have me arrested for tresspassing ? ? ? ? this is just as much a public place as it is privite property of the hotel .

keep in mind the odyssey cruises boston also has it's dock ther , and people walk around there all day long

Thank you

Paul saia


Asked on 7/04/10, 2:43 am

1 Answer from Attorneys

First, what you were doing is not panhandling.

Second, if you have the right to access your boat from the area you are in then he cannot have you arrested.

The only issue is if you have the right to advertise for help while in the area you were in, and without knowing more I cannot answer the question.

If the area is open to the general public and is used as a public access way to the waterfront or elsewhere, it is unlikely that the guard has any authority to have you arrested for trespassing. However, to answer this question accurately I need to know what the area you were in was in terms of ownership and control and to do that I would need to review the title to the area.

I would start by contacting the club and find out what restrictions are with respect to access.

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Answered on 7/04/10, 1:43 pm


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