www.iFourWinns.com

Although I've been going to Lake Pleasant for years the thought only recently occurred to me. The only road to get to Pleasant Harbor Marina passes through a private camp ground which charges you an entry fee. Despite that it has been this way for years it made me wonder if that is even legal. Help me out here, don't you have the legal right to free access of property? We are paid marina members and I feel we should be allowed free access.

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wakeskate and wakeboard with no boat?!-
http://www.phoenixwinch.com

1994 Freedom 170
OMC Cobra (by Volvo Penta) 3.0L

I may be wrong here but I believe your correct. I was told you can pass as long as you do not touch ground or anchor. As you can travel into Canadian waters but you can not anchor or reach land without passports. Sorry I am thinking out loud here. hopefully others will join in here.

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1997 Horizon RS 180
5.7 GL Volvo Penta /SX drive. (1.60)
2018 Ford F-150 super crew 4x4

You question isn't as easily answered as you might think and depends on a lot of factors like previous ownership of the marina property and the private campground, whether there is a legal easement or (over a period of years), an easement has been created through the campground property through use. If the only way to access the marina from a public road is through the campground, then there would likely be an easement through the private campground benefiting the marina; however, if there is another way to access the marina property from a public road but say the marina owners just haven't put in a driveway to access that public way, then the owner of the marina property likely wouldn't have an easement through the campground. Are you getting charged a fee to go through the private campground? Have you asked the marina owners about access? It could be that there is an easement but the marina owners have an agreement with the campground owners to charge a fee. Is this a private marina? If so, just because you are a member of the marina, doesn't mean you get free access to the marina. You might want to check your membership application and rules to see if they say anything about access and/or an easement.

I may be wrong but if the marina you are a member at is landlocked and haven't secured a right of egress/engress through someone else's property then they have right to charge for access.

If someone built a business on other side of my property and only had access through my place then I would expect reimbursement too. Either from business for access rights or by the vehicle. Really who buys a landlocked property without securing a right of way.

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08' H210SS
VP 5.7Gi

Ahh I am reading the whole conversation while I am awake. Sorry guys, Heck i thought we were talking about an entry into the marina via canal. Man should'nt try to respond while laying in bed with a beer.

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1997 Horizon RS 180
5.7 GL Volvo Penta /SX drive. (1.60)
2018 Ford F-150 super crew 4x4

good points to consider, the marina is undergoing a management/ownership change so I will seek more info, this was fueled by the campgrounds greed on 7/3/13, normally it is $8 to enter w boat on trailer, and if you're just visiting your slip for a few minutes they not charge the fee, I went in at 10am on the 3rd to grab a tube and childs life jacket off the boat my dad had borrowed to put it back on my boat and go north for the holiday weekend, the campground gouged the price up to $10 for vehicle w no boat, I had to pay to get in, I've since disputed through the card company for services not rendered, the campground said it was for a firework show that night, I saw no such show

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wakeskate and wakeboard with no boat?!-
http://www.phoenixwinch.com

1994 Freedom 170
OMC Cobra (by Volvo Penta) 3.0L

Thats a Hard question to answer. Every state (of course) has different laws.

In Mass, (99% sure) if people/cars have been going in & out for years, and this is a key factor. Than it become a public pathway or at lest gives them easement right.

Case in point, I bought a house (income porp) and we have a shared driveway half way up, then it branches off behind each house. Even if I could prove that most of that land is mine, the other house has been using it for years without anyone stopping them. Both house were built around 1920 to 1925.

**I wanted to add, I would get in touch with your Attorney General.**

An interesting question, and you have some pretty good answers already.

I would think that your only option is to pursue your question through the owner of the marina. Your could possibly send a request (in writing) to the marina that you be given no-charge access to the marina, or legal explanation of why this is not possible.

Perhaps they do have another access to the marina, but they do not want to spend the money to maintain or pave the other path?

Unless your membership includes an ownership position, I would not think that you would have standing to do anything about it on your own.

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"Knot Easy" 2000 Horizon 240 Volvo 5.7GS /SX
tow: 2017 Honda PILOT EXL-AWD
prev. boats:
'87 Chaparral 198CXL 4.3 OMC Cobra
'69 Jetstar 16ft Ski Boat, 115hp Yamaha
'68 Aluminum Jon Boat, 3hp Sears
'64 Water Wings

It would seem the only solution would be to move to another marina or pay the fee.

I have to jump in and ask some questions of OP. I am looking at moving to Phoenix in about a year from Vegas. So I looked at google maps of Pleasant Harbor on Lake Pleasant and it looks as though there are at least 6 or 7 different roads to get there. so 2 questions;

1. couldn't you just go a different way?
2. how much will it cost to get there (is it a yearly fee or a daily charge) if I went the way you go?

I am still trying to figure out what it will cost me to be a boater in AZ. it looks like the Tonto National forest ( which houses Saguaro, canyon, and apache lakes) has a DAILY use fee. So $10 a day ($6 for truck, $4 for vessel) anytime I want to use my boat? Seems awful steep, or am I missing something?

TIA

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Chris and Alicia
Las Vegas, NV
ALTIVA
1996 Four Winns 238 Vista Dlx 5.8Fi

I was just looking at it on Google Earth. That is a Huge Campground and Marina. Looks like it would have been the same ownership, but I guess it is not. I only see one entrance to get in (other roads are blocked with gates).
(In Google earth, look up: Waddell Canyon, Peoria, AZ)

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"Knot Easy" 2000 Horizon 240 Volvo 5.7GS /SX
tow: 2017 Honda PILOT EXL-AWD
prev. boats:
'87 Chaparral 198CXL 4.3 OMC Cobra
'69 Jetstar 16ft Ski Boat, 115hp Yamaha
'68 Aluminum Jon Boat, 3hp Sears
'64 Water Wings

Nope, the State's Attorney General really has nothing to do with this nor interest in it. It is considered a private civil matter between adjoining landowners. Each party involved would need to hire their own lawyer. It is interesting that it sounds like they have been charging something for quite some time. That is just the kind of fact that takes this case out of the easement by use, or easement by prescription, and allows them to keep charging!

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2009 F204 with 5.0 litre Volvo

Seems there could be an agreement made between the marina and park..if I was a marina owner that relied on the park for access, I would make some deal. Like a annual pass at reduced fee or something.

The park is entitled to something since I'm sure that having tons of vehicles passing thru everyday on private maintained road would be something that's not desirable for them. Wonder if marina workers pay daily to go to work?

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08' H210SS
VP 5.7Gi

Forgive me, but you say " It is considered a private civil matter between adjoining landowners." He is charging to go though the property. Hence charging the public. There could be laws on this. I would still call, worst case you wasted 5 or 10 min., or could lead you in the right direction.

One link I saw said it's the water department that charges access fees.
http://www.azmarinas.com/PleasantHarbor/faq/

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-Bill Kearney, 2005 348 Vista