Floating dock violated a neighbour's foreshore rights

Justices: Matningsdal, Normann, Kallerud, Ringnes, Sæbø

In 2005, Skjærhalden Gjestehavn AS built a guest dock at Skjærhalden in Hvaler. After extensions, the dock system currently consists of a main dock stretching some 230 meters into the basin with crossing piers on the landside. The main dock is positioned at an angle in front of a neighbouring property. The Supreme Court held that the foreshore rights – here in the form of a development right, which includes a right to install a floating dock outside one's own property – are exclusive rights for the owner of the shore to exploit the sea area outside of the property boundary. As far as the exclusives right reach, they protect against interference from owners and right holders on the neighbouring properties. Whether the rights are violated is not determined by whether the interference has already been carried out. In regulated dock areas, the foreshore rights reach at least to the relevant regulated boundary, provided that the development does not conflict with the foreshore rights of others. There is no basis for determining each property owner's rights in the sea area outside the property boundaries based on a balancing of interests. In the individual assessment, the Supreme Court referred to dock being partially placed in an area which the neighbour had an exclusive right to develop. It was therefore a violation of her foreshore rights. However, the neighbour had acted in such a manner that she appeared to have accepted the building of the dock system and given the developer good reason to act in reliance thereon. She had thus lost her right under the principle of acceptance by conduct.