Kennedy v. McGuire, 38 Wash. App. 237 (1984)

Citation: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Parent Document: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Jurisdiction: Washington (state)
Effective Date: 1984-07-23
Original Source: https://www.courtlistener.com/opinion/6958580/kennedy-v-mcguire/ ↗

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Allan argues that, because her houseboat floats upon navigable waters, she did not enter upon "land of another", nor were the Kennedys the "owners" of the water upon which she floated. This argument is clearly without merit. The Kennedys own the bed land over which Allan is moored, and are "owners" for purposes of RCW 59.12.030(6). For the same reason, Allan's use of the Kennedys' moorage facilities constitutes entry upon "land of another” under this section. It is not relevant here, as Allan claims, that the houseboat is personal property. At issue is Allan's tenancy at the Kennedys' moorage site, which is real property.

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