Google Groups no longer supports new Usenet posts or subscriptions. Historical content remains viewable.
Dismiss

Legal aspects of Salvaging an Abandoned Boat in Canada

1 view
Skip to first unread message

Lloyd Sumpter

unread,
Dec 12, 1999, 3:00:00 AM12/12/99
to
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.
Has anyone else done this? Is there any I should be doing to cover
myself? (I'm going to post a sign where the boat was for the owner to
contact me if he ever shows up.) If he does show up, I figure the hulls
basically worthless, and I'll offer him a dollar for it. Can I charge
him for floating it and storing it?

Thanks for any advice or stories!

Lloyd Sumpter
"Far Cove" Cat 36

Dan Bollinger

unread,
Dec 12, 1999, 3:00:00 AM12/12/99
to
Lloyd, Good luck with getting any money out of the previous owner. Past
evidence shows he/she isn't interested in putting any money into that boat.
If the marina doesn't have a clue, then I'd say you are clear to deal with
it. Like you say, wait the year and find out. You might want to be more
proactive and attempt to locate the owner through the boat's registration
(if any). Our sailing club had the same problem. Any boat abandoned by the
owner couldn't be sold or destroyed, and we couldn't collect annual dues
either. All we could do was mow around them. We even had one catamarran
with a tree growing through the trampoline! Dan

Lloyd Sumpter <lsum...@home.com> wrote in message
news:3853D97D...@home.com...

Lloyd Sumpter

unread,
Dec 12, 1999, 3:00:00 AM12/12/99
to
Thanks for the reply!

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!

Jerry Hahn

unread,
Dec 12, 1999, 3:00:00 AM12/12/99
to
Hi Lloyd, after reading several of your post on this boat, the 1st thought
that came to my mind was are you doing this for the challenge and will this
boat be worth the money invested? Maybe you are like myself where I hate to
see anything just rot away and usually will spend more to repair and use
than just buying something else. If you do go ahead with the project, good
luck and enjoy as the work effert will be worth every cent on the finished
product. Jerry


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)?

Lloyd Sumpter

unread,
Dec 12, 1999, 3:00:00 AM12/12/99
to
Yes, the reason I'm doing this is that I hate to see a boat
neglected! I realize that this is far from a profitable venture. Not
only that, I'm not fooling myself into thinking that the result will be
a pristine yacht that's the envy of the Royal Van Yacht Club. Hopefully
it will float, get me from here to there faster than my sailboat, and
not use too much gas doing so.

Funny thing is, I don't really WANT a powerboat, so I guess it's just
for the project.

John McCoy

unread,
Dec 12, 1999, 3:00:00 AM12/12/99
to
Lloyd Sumpter <lsum...@home.com> wrote:

> 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 G

unread,
Dec 12, 1999, 3:00:00 AM12/12/99
to
If you keep a record of all the work and money you put into the boat and
somehow this guy comes back-he will most likely owe you for everything you
put into it(salvage fee). Since it is unlikely he will pay you then have the
right to take possession of the boat free and clear. Good luck with it.

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.

Lloyd Sumpter

unread,
Dec 13, 1999, 3:00:00 AM12/13/99
to
John McCoy wrote:

>
> Lloyd Sumpter <lsum...@home.com> wrote:
>
> > 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

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.

Michael Daly

unread,
Dec 13, 1999, 3:00:00 AM12/13/99
to
Lloyd Sumpter wrote:
>
> 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

Lloyd Sumpter

unread,
Dec 13, 1999, 3:00:00 AM12/13/99
to
I hear you.
It seems that advice on this migrates to one of two camps: either I
should treat it as abandoned and just take it, or that I'm at least
"treading on thin ice", and probably breaking the law, by doing anything
at all.
I have talked to a lawyer, and they pointed me to the Registrar of
Wrecks. They are the Official People concerned with salvage, abandoned
vessels, etc. and they didn't seem to have a problem with it being in a
marina, as long as the marina didn't want to claim it. The marina wants
it Gone, so I beleive if I don't do anything they will crush it.
I am treading as carefully as I can. Now that it's floating, I'm
going to leave a big sign on it to contact me immediately. Once I haul
it out, I will leave another sign saying I've taken it for safekeeping
and leaving my phone number. Hard to say that's "theft" (but I do share
your concern).
I posted here because I was hoping someone here knew of a similar
instance and could offer some anecdotal guidance.

Jim White

unread,
Dec 13, 1999, 3:00:00 AM12/13/99
to

Why don't you buy the boat from the marina. Since they want to get rid of
it, you can take it off their hands for $1. Don't forget to get a bill of
sale. At least you won't be accused of theft, at best you will have bought
the boat.

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~~~~~~~~~~~~~~~~~

default

unread,
Dec 13, 1999, 3:00:00 AM12/13/99
to

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.


Lloyd Sumpter

unread,
Dec 14, 1999, 3:00:00 AM12/14/99
to
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.
First of all, the marina wants nothing to do with the boat. They
don't wanna take out a lien. They don't wanna sell it. They don't want
it in dry storage. They want it OUT of their marina.
The Receiver of Wrecks will try to track down the owner (they have
access to things like the 15K number...). They will also confirm that
it's not stolen (the 15K number checks out - they will check it against
vessel descriptions).
Because the Marina want it gone, I have to move it to storage.
Essentially, I'm storing it for the Receiver of Wrecks. If they can't
find the owner after a year, they give a sort of "right of possession"
to me (or sell it) to offset my costs to them. However, I will NEVER
have clear title. Apparently this is the same situation as all the stuff
in gov't auctions - seized vehicles, lost& found, etc. Anyway, after a
year the only recourse the owner would have is to sue me for the cost of
the hull, offset by my expenses (hull worth: $500. My costs: $1000. You
do the math...)

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!

Gigatec

unread,
Dec 14, 1999, 3:00:00 AM12/14/99
to
Well folks here is the deal on ownership of this boat and I know this to be
fact..I have gone this route on a boat and an auto..First you cant just
claim the boat you have to make an effort to contact the owner ...lets say
what all of you have said is true ...what if the owner had a heart attack
and lets say he is in hospital and no family knows where the boat is
...suddenly one day a restore boat shows up..and family catches wind...since
there was no legal lein registered or owner not notified ...guess what you
just stole that boat....marina's have a bad habit of rumour....make dam sure
you track the owner ...keep track of your cost....one you find the last know
address of the owner...and that is easy to find...send a registered letter
laying out your claim ...give him or her 30 Days then post an artical in the
local paper and warn of seizure....then if all that fails...register title
with an affidavit clearly spelling out the way you came in to
possetion...then if nobody responds ...you got about...but be forwarnd...any
body can sue...if you do anything that would be concidered under handed say
good buy to your boat and hellow to 20 to 30 in legal cost....good Luck...by
the way I did the above and it worked

Lloyd Sumpter

unread,
Dec 15, 1999, 3:00:00 AM12/15/99
to
Interesting...this is different to what I was told by both maritime
lawyers and the Receiver of Wrecks. Did You contact either of these
folks?
How did you get the name of the owner? The last REGISTERED owner
(based on the 15K number) could not be given to be due to the Privacy
Act. And that was in 1990 - there's no way of telling how many times it
was sold since then. The Receiver of Wrecks has access to this
information - that's why they're trying to contact the owner rather than
me. And the waiting time is one YEAR, not one month.

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?

Gigatec

unread,
Dec 15, 1999, 3:00:00 AM12/15/99
to
yes Canadian law, and yes I am.......your right about about finders
keepers...and let me tell you marina's are the worst...the very worst for
unloading a problem on somone else.....think about it...if they could make
money selling why wouldnt they....cause there nice people and dont need the
money...NOT!! fact is in a lein situation even if you fix up the boat and
lay a claim against the boat and resell the boat...if the bank owns a lein
on that boat they get paid first ...not before you and your cost....but very
first....if you want to know more about claims on good in Canada contact the
consumer and comercial relations office in your area....inquire about a PPP
search.....that way you get info on boat and find out about any leins...by
the way lawers have known to be wrong...unless you have it in righting
...which you wont....dont trust the word of a lawer from the marina....about
this time in a conversation Id be telling lawer jokes...lolo like who would
be left after a nuk war ...?prob cockroch and a two lawyers...looking to
represent to roch...lololo....okay so lawyers type guy's and gals

Lloyd Sumpter

unread,
Dec 15, 1999, 3:00:00 AM12/15/99
to
Well,
Yes, I know all about liens - that's something the Receiver of Wrecks
will look into. Remember that *I* have not taken possession of the boat
- the Receiver or Wrecks has. I'm just keeping it for them. But the
marina has to forfeit any liens they have before the boat-mover will
move it out of the marina.
Yes, the boat is worthless as it is - I know that. I'm doing this for
sentimental, not financial reasons.
Finally, if the Receiver of Wrecks gives me possession after the
year, and the original owner DOES show up (or the Marina decides to put
a lien on it), it's only the HULL that is in question - everything I put
in it (engine, steering, galley, wiring...) is MINE. So if they pushed
it, they could only get the value of the hull when it was abandoned -
that's why I'm documenting it so well (see the website). Any
half-reasonable person would simply sell me the hull for $100 at that
point.
And I'm not sure the marina even HAS a lawyer ( it's Mosquito Creek -
They love the boats, but they're not exactly microsoft-like in their
business practices. I mean, this boat was tied up at the marina for at
least 6 months and they didn't even know it was never registered with
them!)
Sounds to me like you "got away" with some questionable stuff, but
I'm doing it "the right way" (i.e. through the Receiver of Wrecks)

David flew

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
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>...

fr...@home.com

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
to
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.
> First of all, the marina wants nothing to do with the boat. They
> don't wanna take out a lien. They don't wanna sell it. They don't want
> it in dry storage. They want it OUT of their marina.
> The Receiver of Wrecks will try to track down the owner (they have
> access to things like the 15K number...). They will also confirm that
> it's not stolen (the 15K number checks out - they will check it
against
> vessel descriptions).
> Because the Marina want it gone, I have to move it to storage.
> Essentially, I'm storing it for the Receiver of Wrecks. If they can't
> find the owner after a year, they give a sort of "right of possession"
> to me (or sell it) to offset my costs to them. However, I will NEVER
> have clear title. Apparently this is the same situation as all the
stuff

> in gov't auctions - seized vehicles, lost& found, etc. Anyway, after a
> year the only recourse the owner would have is to sue me for the cost
of
> the hull, offset by my expenses (hull worth: $500. My costs: $1000.
You
> do the math...)
>
> 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,

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.

Byron Nilsen

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
to
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.

-Byron-


Lloyd Sumpter

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
to
David flew wrote:
>
> 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.

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?)

Lloyd Sumpter

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
to
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.
>
> > 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,
>
> 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.
>
After I've documented the condtion of the boat as I found it, I'll be
cleaning it, drying it out, etc. The barneys and mussels well be gone.
The hull well be dried out. I'll be scabbing the stringers and adding
temporary floorboards so I can walk on it without breaking anything.
probably re-greasing the leg, assuming it looks salvagealbe. And so on.
I'm acting as caretaker of the boat until the Reciever of Wrecks gives
me possession, so i intend to keep it right.
But i do hae me doots about the outdrive. In particular, if it was
for a v6, and i want to use a 5.0L V8, do i have to change it anyway?

Lloyd Sumpter

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
to
Byron Nilsen wrote:

>
> 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.
>
Again, i'm assuming the Receiver of wrecks will look into this. I
will call them and confirm that they are looking into this aspect,
though. Thanks for the advice!

Lloyd Sumpter

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
to
By the way, you never did answer a fundamental question I asked you a
few messages back:

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?

Jürgen Exner

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
to
Lloyd Sumpter <lsum...@home.com> wrote in message
news:385971CA...@home.com...

> 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.

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


Ted G

unread,
Dec 16, 1999, 3:00:00 AM12/16/99
to
If it's a Mercruiser 1 drive it should be O.K. with the 5.0. You aren't
going to be running it hard.....are you???

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.
> >

Lloyd Sumpter

unread,
Dec 17, 1999, 3:00:00 AM12/17/99
to
Jürgen Exner wrote:
>
> Lloyd Sumpter <lsum...@home.com> wrote in message
> news:385971CA...@home.com...
> > 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.
>
> 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.

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...

James W. Hebert

unread,
Dec 17, 1999, 3:00:00 AM12/17/99
to
In article <voa64.252$e3.1...@nuq-read.news.verio.net>, "Byron Nilsen"
<bni...@seemy.sig> wrote:

> 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/>

Lloyd Sumpter

unread,
Dec 17, 1999, 3:00:00 AM12/17/99
to
James W. Hebert wrote:
>
> In article <voa64.252$e3.1...@nuq-read.news.verio.net>, "Byron Nilsen"
> <bni...@seemy.sig> wrote:
>
> > 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!
>
ya know, that's probably the best advice I've got so far.
Unfortunately, I've already filed the claim with the Receiver of Wrecks.

Karl Denninger

unread,
Dec 17, 1999, 3:00:00 AM12/17/99
to
In article <jimh-DD2B14.0...@news.bcandid.deja.com>,

James W. Hebert <ji...@continuouswave.com> wrote:
>In article <voa64.252$e3.1...@nuq-read.news.verio.net>, "Byron Nilsen"
><bni...@seemy.sig> wrote:
>
>> 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!

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!

CaptMP

unread,
Dec 18, 1999, 3:00:00 AM12/18/99
to
Marine salvage laws go back a LONG time and sometimes don't seem "reasonable".
I would contact a reputable lawyer who specializes in marine/salvage cases.
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
insurance carrier to see if they will issue a policy on a vessel without a
clear title.

Anyway, best of luck!!!
Mike

Lloyd Sumpter

unread,
Dec 18, 1999, 3:00:00 AM12/18/99
to
CaptMP wrote:
>
> Marine salvage laws go back a LONG time and sometimes don't seem "reasonable".
> I would contact a reputable lawyer who specializes in marine/salvage cases.

...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.

0 new messages