Thanks for any advice or stories!
Lloyd Sumpter
"Far Cove" Cat 36
Lloyd Sumpter <lsum...@home.com> wrote in message
news:3853D97D...@home.com...
No, I'm not interested it actually getting money. The idea is to pile
up charges due on the boat
so he'll sell it to me for a dollar.
The registrar of boats won't devulge the owner's name (Privacy Act),
but the Registrar of Wrecks can access that information. Hopefully after
I've filed a claim they can pass that info to me...But that's just the
last REGISTERED owner - whether or not that's the legal owner if the
boat was sold but the sale not registered is another question!
Lloyd Sumpter <lsum...@home.com> wrote in message
news:3853D97D...@home.com...
> Hi there.
> I have a bunch of questions about an abandoned boat I'm taking under
> my wing, so I thougth I'd post them separately.
> Does anyone know the legalities of getting title to an abandoned boat
> in Canada (I suspect the laws are different in the US)?
Funny thing is, I don't really WANT a powerboat, so I guess it's just
for the project.
> The 'Registrar of Wrecks" says I have to wait a year before
>they will give me title. i can pay a boat-hauler $300 to put it in my
>driveway, and I can clean it up and gererally putter with it for that
>year.
Sounds like it's been above a year since it was abandoned, so
you might try getting the marina to give you some evidence (last
month the moorage was paid, for instance); or even see if the
marina will apply, and then give the boat to you. It'd be a shame
to work on it and then have the abandoner show up & try to
reclaim it.
John
Ted
P. S. I saw one of your other posts and would suggest a 350 Chevy
engine-powerful enough to plane the boat, very plentiful , and very
reliable.
Lloyd Sumpter <lsum...@home.com> wrote in message
news:3853D97D...@home.com...
> Hi there.
> I have a bunch of questions about an abandoned boat I'm taking under
> my wing, so I thougth I'd post them separately.
> Does anyone know the legalities of getting title to an abandoned boat
> in Canada (I suspect the laws are different in the US)?
> The story is this: I noticed a boat at my marina basically sunk (the
> docklines were holding her up). I asked about (marina office,
> neighbouring boats...) and found that the boat was just left there
> (didn't pay moorage) some time ago, and had been sunk for several months
> (the slime and algae growing on it confirmed this). I hate to see a boat
> neglected like this, so I've taken on the task of reserrecting it.
> I floated it yesterday (God, what a mess!), and paid $60 for one
> month's moorage. The marina wants nothing to do with it - they want me
> to put it on a trailer and get it out of there (it's a 25ft Bayliner,
> stripped). The 'Registrar of Wrecks" says I have to wait a year before
> they will give me title. i can pay a boat-hauler $300 to put it in my
> driveway, and I can clean it up and gererally putter with it for that
> year.
Apparently the "owner" never did pay moorage - the first the marina
heard about the boat was that it was sinking (This is Mosquito Creek
Marina - they're not exactly known for precise bookkeeping). They want
nothing to do with the boat.
You might have a good idea, though. If I can show it's been abandoned
for at least a few months, maybe they'll "pro-rate" the waiting period.
Whatever you do, tread softly - this sounds like a case where the guy could
show up with cops in tow and have you charged with possession of stolen
property etc. Just cause they don't pay their bills doesn't mean they
don't own it. The marina can apply to have it seized and sold for lack
of payment, but you're an outsider with no interest other than personal.
Salvage rights imply, as far as I understand, an abandonment of interest
by the owner. And the marina is private property, not public waterways.
Talk to a lawyer, not us.
Mike
Seems to me that marinas can sell boats for non payment of moorage.
Happens quite often - listed in the legal section of the classified.
Jim
.
~~|\
/ | \
/ | \
/ | \
/ | \
/_____| ____\
_____,======.-- "One cannot discover new horizons,
(___________/ unless one looses sight of land".
~~jww~~~~~~~~~~~~~~~~~
Lloyd Sumpter wrote:
> Hi there.
> I have a bunch of questions about an abandoned boat I'm taking under
> my wing, so I thougth I'd post them separately.
First, I wouldn't take the boat anywhere. Maybe arrange with the marina to
store it somewhere. I would think the marina would have to take the first
steps and place a lein for non-payment of moorage. Once they go through
the hoops of obtaining the title they can then give you permission to do
something with it. Until then I don't believe you have any legal right to
say finders keepers.
Now you might be able to work in concert with the marina. You do the
research and find the legal owner of the boat then the marina says sell us
the boat for the past due moorage, then sell it to you.
Have you or the marina considered whether the boat was stolen and then just
dumped off there?
Wes
Owned by Tonilou
Smith and Wesson, the original point and click interface.
So, I'm just waiting for the legal wheels to turn. In the meantime,
I'll squeeze it into my driveway for safe-keeping, and dry it
out...(it's not like I'll be working on it over the winter, anyway!)
Thanks to everyone for all the advice!
In the meantime, I'm posting a sign at the marina in case the owner
shows up.
According to the Receiver of Wrecks, I'll NEVER have clear title to
this boat. But this is the same situation as all the stuff in those
Government Auctions (seized vehicles, lost&found, etc.). Apparently in
Canada there's no such thing as "finders keepers".
But I'm not worried - if the owner does show up after the year, I can
show him what he owes me, and the condition of the hull when I aquired
it, and all he could do is sell it to me for $1. The rest of the boat
(engine, electrics, galley, etc) would be mine anyway.
Are you sure this is Canadian law you're referring to?
I'm no lawyer, and certainly not up with US or Canadian law. But it seems
to me that in your clear and understandable love affair with a boat you are
assuming that if the original owner showed up, they would be reasonable.
If they weren't, what could happen? You might have spent significant time
and effort researching the legal position; some money in moving the hull
around, and then put time and money into fitting engine etc to the hull. So
now you have an investment of many hours, and say $1000 of stuff bolted to
the hull.
So the owner finds out, and is not the reasonable person who will sell you
the hull for $100. They are an unreasonable person who tells you to get
your $1,000 of stuff off their $1000 hull, or they will sue. Or they plan
to have a religious cerimony which involves burning their $100 hull,
tomorrow...... Yes, they are ( breaks all newsgroup rules pr.ck's ). You
could be left with $1000 of equipment which suited a specific hull, which
you have carefully installed, and removed in a great hurry.
In summary, I'd think carefully about risk / rewards for this deal. I'd
look for another hull which has clear title and spend time in bargaining the
price down. I'd look for a second hand completed boat. I'd research
fittings, motors and equipment; I'd buy lottery tickets. But I wouldn't fit
$1 of stuff to the hull until I had clear title.
Remember the two critical definitions :-
Boat - a hole in the water into which you pour money
BOAT = Bring Out Another Thousand
Having said all the above, I doubt there is one person who is involved with
boats who can honestly say that their decisions about boats are rational,
and not influenced by emotion. Whatever you decide to do, good luck.
David
Lloyd Sumpter wrote in message <3857B3E6...@home.com>...
If this is the same boat with the encrusted outdrive it ( the outdrive)
will be toast for sure within a year just sitting. Damned if you do,
damned if you don't I guess.
Ray
Sent via Deja.com http://www.deja.com/
Before you buy.
Just a thought: If the original owner had a loan on the boat there might
be a collection agency out there waiting for someone (anyone) to pounce
on. Be cautious.
-Byron-
No problem. Judges are generally reasonable people. the only LEGAL
claim he as is to the hull, which i can prove is almost worthless. And i
countersue with the salvage costs. net claim; he ownes me money.
> Or they plan
> to have a religious cerimony which involves burning their $100 hull,
> tomorrow...... Yes, they are ( breaks all newsgroup rules pr.ck's ). You
> could be left with $1000 of equipment which suited a specific hull, which
> you have carefully installed, and removed in a great hurry.
>
yeah, and I could be struck by lighning, too...
> In summary, I'd think carefully about risk / rewards for this deal. I'd
> look for another hull which has clear title and spend time in bargaining the
> price down. I'd look for a second hand completed boat. I'd research
> fittings, motors and equipment; I'd buy lottery tickets. But I wouldn't fit
> $1 of stuff to the hull until I had clear title.
>
How about the people who buy the vehicles, etc. at gov't auctions?
Same deal there - you don't get clear title.
Remember that I'm not even particularly interested in a powerboat.
I'm doing this to save a nice boat from being ruined by neglect.
The risks are small: the probability of the owner ever even showing
up are small (i suspect he bought the boat for the engine, took it out,
and dumped the hull). If he does show up, selling me the hull is the
only reasonable option - if he sues, same thing.
The rewards are great - I'm already feeling gratitude from the boat
for floating her, and i think she'll be a great boat when she's being
taken care of by someone who cares for a change. (finantially, it's not
so great, but if you just looked at money, would you own a boat at all?)
HOW do you find the real owner??? You said it was easy...
The owner never registered with the marina. The Vessel Licensing dept
has the name of the last REGISTERED owner (which is probably not the
last owner), but they can't tell me due to the Privacy Act. this is why
i'm going through the Receiver of Wrecks - they DO have access to this
information. But even they have not been able to trace the owner.
So how did you do it?
Well, yes, he can claim the hull.
And because you were acting without any order from the owner of the boat he
might demand that you revert all changes you made. Or for items that became
part of the boat (new paint, new seacocks, new stove, new outboard, I don't
know where to draw the line) he will become the new owner automatically
because they can not be separated from the boat.
Also, he didn't ask you to salvage the boat (maybe he wanted the boat to rot
away to impress his girl friend? How could you know), so again you were
acting without being aked to do so. Unlikely that you can claim any money
for the salvage. On the opposite: he might even sue you because you
interupted his important rotting experiment. Agreed, this is not very
likely, but not impossible.
The only one I can see who has a legal right on the boat is the marina
because the owner owes them money for moorage. They could impound the boat
and eventually (after going through hell knows which legal processes) sell
it, e.g. to you for the outstanding moorage fees.
If I were you I would be very, very careful.
Wish you good luck
jue
--
Jürgen Exner
Good Luck, Ted
P.S. I think this may fall under straight salvage (maritime) which used to
be "finders-keepers" until some countries started to appropriate the spoils
from the salvors as "historic Treasures"-you don't think the Canadian Gov't
wants it, do you???
Lloyd Sumpter <lsum...@home.com> wrote in message
news:38597409...@home.com...
> fr...@home.com wrote:
> >
> > In article <3855A4AD...@home.com>,
> > Lloyd Sumpter <lsum...@home.com> wrote:
> > > I've talked to several lawyers, the marina, and finally the Receiver
> > > or Wrecks, who are apparently the Gov't office in charge of such
> > things.
> >
But again, I'd be dealing with a reasonable judge, not an
unreasonable owner. The most fundamental principle of civil law in
Canada is that of 'reasonability' - what would a "reasonable' person do,
or expect. It's reasonable to assume that a boat left at a marina for
over 6 months without notifying the marina, and being sunk for several
months, has been abandoned. Thus, a salvage operation is reasonable. And
as you say, it is NOT reasonable to separate the hull from the work I
did on it, the only recourse would be for me to pay the owner a
reasonable price for the hull, and to charge a reasonable amount for
salvage.
So in the very unlikely event the owner does show up and sues me, I'm
confident that a judge would award me the boat, and possibly the
difference for the salvage operation and storage as well.
Also, keep in mind I'm not doing this on my own. I have filed a
salvage claim with the Receiver or Wrecks, and they are looking after
the legal aspects. In fact, I am acting as their agent in salvaging and
storing the boat. Since they are the Federal Government, I suspect they
will win any lawsuit brought against them...
> In rec.boats.building Lloyd Sumpter <lsum...@home.com> wrote:
> >I've talked to several lawyers, the marina, and finally the Receiver
> >or Wrecks, who are apparently the Gov't office in charge of such things.
> ...[clip]...
>
> Just a thought: If the original owner had a loan on the boat there might
> be a collection agency out there waiting for someone (anyone) to pounce
> on. Be cautious.
Screw them. Take a dremel tool and file off any serial number or hull
number on the damn thing!
--
James W. Hebert, K8SS | Own a Boston Whaler?
E-Mail to: jimh | Cruise the North Channel?
@continuouswave.com | <http://continuouswave.com/>
Doing that in the US would make you a criminal.
Destroying the hull number is exactly the same as defacing or altering the
VIN on a car - both will get you a nice date with the slammer.
You also won't be able to register the boat without the hull number intact
;-)
--
--
Karl Denninger (ka...@denninger.net) Web: http://childrens-justice.org
Isn't it time we started putting KIDS first? See the above URL for
a plan to do exactly that!
Anyway, best of luck!!!
Mike
...Done that. they referred me to the Receiver of Wrecks.
> Spend some money now or spend it (maybe a lot more) later. Was me, I wouldn't
> do any more than you already have until I had ownership. Also, check with your
I'm not going to spend any money on it (just the cost of salvage and
moving/storage). I'll be cleaning it up and drying it out, and looking
for Good Deals on the parts required, until the Receiver of Wrecks signs
it over to me. In other words, just taking care of it.
> insurance carrier to see if they will issue a policy on a vessel without a
> clear title.
>
Interesting point (since i don't have insurance on my sailboat,
either!). I'll look into it.