Marine salvage and small boat
roger wet
I live by a tidal estuary and during the high tides in early December
a small (approx. 18ft) fishing boat was washed up on the mud flats and
I went out on to the mud flats and used the two anchors on board and a
length of rope on board and a length brought by myself set the
anchors.
I then took some photos of the vessel with my digital camera and
reported it to the police the same afternoon. The police called the
coast guard who had been called by the owner who in turn called me.
The boat is still there and now will not float until maybe march 03
the owner hasn’t been out to the vessel.
When does the boat become abandoned?
If I can claim salvage rights how is this done?
If not moved soon it will become a wreck and a hazard to other craft
can I move it myself to a safer place?
Thanks for any help Roger
Steve
Probably were talking more about civil claim, similar to a automoble. Under
a salvage situations, about the most you can expect is to be compensated for
your line and efforts to prevent the boat from suffering further damage. You
have no marine salvage agreement with the owner.
Since the owner is known and was notified, the boat becomes one that has
been neglected rather than abandon. He may realize there isn't much he can
do until March high tides.
You should contact him and tell him of your efforts so far and the fact that
you have provided one of the lines that is now anchoring the boat. Tell him
you want your line back and see what he says.
This fellow does seem irresponsible and unappreciative of you efforts. Just
another jerk who shouldn't own a boat if he's not going to look after it.
Once you have recovered your line, (becareful about removing it without his
permission, you could be liable for future damage) just chaulk it up to the
saying "No Good Deed Goes Unpunished".
--
My opinion and experience. FWIW
Steve
S/V Good Intentions
Simon Brooke
> Marine salvage and small boat
>
> I live by a tidal estuary and during the high tides in early December
> a small (approx. 18ft) fishing boat was washed up on the mud flats and
> I went out on to the mud flats and used the two anchors on board and a
> length of rope on board and a length brought by myself set the
> anchors.
> I then took some photos of the vessel with my digital camera and
> reported it to the police the same afternoon. The police called the
> coast guard who had been called by the owner who in turn called me.
> The boat is still there and now will not float until maybe march 03
> the owner hasn’t been out to the vessel.
OK, I am not a lawyer, and this is just my memory of how things were a
long time ago - the law may have changed, and what is legal in
Scotland is not necessarily legal where you are so check.
> When does the boat become abandoned?
Much more difficult question which I'm not even going to try to answer.
> If I can claim salvage rights how is this done?
My understanding is that if the boat was adrift and unmanned you can
claim salvage now, since you have made it safe. The salvage value is,
I believe, one third of the market value of the boat and its gear.
> If not moved soon it will become a wreck and a hazard to other craft
> can I move it myself to a safer place?
If the owner does not move it first I don't see why not. You've
already established your interest in this and done the right thing. I
would strongly recommend that you go to the same police station you
originally reported it at first, reminid them of your earlier report,
and give them an outline of what you intend to do, why it's necessary,
and when you intend to do it. You do not want to give anyone the
impression that you are stealing the boat.
If you have a local harbourmaster it might also be good to consult him
first.
--
si...@jasmine.org.uk (Simon Brooke) http://www.jasmine.org.uk/~simon/
;; Semper in faecibus sumus, sole profundum variat.
Steve
I have been boating for 40+ years and if I claimed and/or kept every boat
that I have tied up or chased down, while adrift, I wouldn't have any room
in my back yard. (come to think of it, the back yard is always full of my
own neglected project. Why would I want another)
Doing what you have done is all part of being a nice guy and is very common
around the shore or water front. What you have done is what you would hope
someone else would do if they found your boat in perl. You can't expect or
demand compensation for a good deed.
This boat is the responsibility of the local USCG or the harbormaster for
that area.
Last Laborday weekend, I rescued a day sailer that was adrift in the Port
Townsend area. I couldn't even get the USCG to take the report. The PT
harbormast/port capt. wouldn't respond to my calls. I finally got the Port
Hadlock marina manager responded and found the owner. Turned out to be the
Wooden Boat Society of PT. A couple cell phone calls and I made some really
nice friends with good intentions and more boats than they could keep track
of. They rewarded me with a nice Tee shirt and a calender. More than I
expected.
Simon Brooke
> This boat is the responsibility of the local USCG or the harbormaster for
> that area.
It might not have occurred to you, but in a UK group references to the
United States Coastguard Service may be a little inappropriate.
pol
roger wet <wetr...@hotmail.com> wrote in message
news:9a10faa8.021...@posting.google.com...
This seems clear enough to me....(from the link that MartinP gave)
Why Does Wreck Need to be Reported?
To give the legitimate owner the opportunity of recovering their property.
What Will Happen to the Wreck?
The Receiver of Wreck will investigate ownership of the wreck items. The
owner has one year in which to come forward and prove title to the property.
During this statutory period the finder may be allowed to hold the wreck on
behalf of the Receiver of Wreck, whilst the investigations are carried out.
Will I be Able to Keep the Find?
Wreck recovered from within UK waters which remains unclaimed at the end of
the one year statutory period, becomes the property of the Crown and the
Receiver of Wreck is required to dispose of it. This may be through sale or
auction, although in many instances the finder will be allowed to keep items
of unclaimed wreck in lieu of a salvage award. This, however, is at the
discretion of the Receiver of Wreck and each case is judged on its merit.
******** *********
As you know who the owner is, you ought to tell the reciever of wreck that
the coastguard knows who the owner is.
pol
Steve <est...@hctc.com> wrote in message
news:v10ub6d...@corp.supernews.com...
> This boat is the responsibility of the local USCG or the harbormaster for
> that area.
The posting has been sent to mostly UK newsgroups, the boat is therefore,
not likely to be in the US.
Steve
Sorry about that. I guess I didn't even look a the addresse line.
I suppose, use Yanks, just assume everyone is from the US.
Well, anyway, then my comments and suggestion may apply to the US if not for
other places.
Steve
s/v Good Intentions
Jimbo
>> that area.
>
>The posting has been sent to mostly UK newsgroups, the boat is therefore,
>not likely to be in the US.
To be fair to the guy, there was a US Coastguard cutter in Portsmouth
a year or two back. Maybe HM Gov has subcontracted ?
R. Mark Clayton
IIRC if you tow it in you can claim 10%, although usually the owner (or
master) has to accept a tow for this to work.
Philip Allum
writes
>
snip
>
>You should contact him and tell him of your efforts so far and the fact that
>you have provided one of the lines that is now anchoring the boat. Tell him
>you want your line back and see what he says.
>
probably charge him rent for your line.
As I understand it, all you need do is tell the owner what you intend
doing BEFORE you do it.
--
Philip Allum
roger wet
The boat is in England and if the boat is left (which is what I
suspect) then eventually it will be come a danger to others. Its in a
fairly dangerous place to get to on foot and it is near impossible to
safely get there on a boat with any sort of draught.The only time
there is enough water to float easily is when there is a gale blowing
in the right direction. Then you don,t want to be in a boat with a
shallow draught. If you get my point
pol
Well you now know what to do, contact the receiver of wreck and ask them.
Jack
>
> I understood that to claim salvage the boat had to be on the open sea. Tidal
> estuary is probably boarderline. If you're in the UK the local Coroner acts
> as the Receiver of Wrecks, ask him.> news:9a10faa8.021...@posting.google.com...
Actualy the Reciever of Wreck is a civil servant based in Southampton at
the HQ of the MCA (Maritime & Coastguard Agency). Get to her via the MCA
web site.
http://www.mcga.gov.uk/row/index.htm
She is the best one to go to for advice.
Jack