Strolls
New member
My reading of post #20 is that there is no harbourmaster, and no-one to collect their dues.
http://www.ybw.com/forums/showthread.php?52713-Abandoned-Yacht&p=5352532#post5352532
Abandoned Yacht
- Thread starter nordic_ranger
- Start date
http://www.ybw.com/forums/showthread.php?52713-Abandoned-Yacht&p=5352532#post5352532
Triassic
Well-known member
Right, I'm off to sit by a marina with a deckchair and calendar; I reckon I should have a Swan and a Hallberg Rassey at least by 29 days time !
Firstly the property (boat) in question has to appear to have been abandoned, i.e.: nobody is exercising any rights of ownership of it. Admittedly they may not be to difficult in some marinas.... Secondly before you can assume any rights of ownership you have to have made reasonable enquiries to locate and identify an owner. I suspect not many boats in marinas would be hard to identify ownership as somebody will be paying for it to be there, if not I suspect the marina owners will be ahead of you in claiming it...... There is no specific time limit in legislation as far as I am aware, it's just that most police forces consider that a reasonable time period for something to be claimed and will generally let the "finder" have it after that. You don't actually need to report found property to the police anyhow, it's just that you may not be able to be able to show that you have taken reasonable steps if you don't because most people who have lost something report that loss to the police.
So in the case of this particular boat which is on common ground and appears to have been abandoned I would firstly put a sign on it saying you believe it to be abandoned and that you are assuming the rights of an owner. Then do something that establishes those rights, for example go down there with a bucket and a mop and clean it off a bit, and generally make it look like it is being cared for, This will stop anybody else from being able to claim it (the boat no longer appears to be abandoned). I wouldn't do anything that might be considered damage, or spend any money on it, just in case an owner does come forward and identify themselves to you. After a reasonable period of time you should be able to feel confident enough about your position to start investing more time and money in it. Ultimately if someone does eventually claim to be the owner it would be up to the courts to decide who has title and the more time you have "owned" it and treated it as yours the better your case would be.
You could of course always go to a solicitor and pay good money for some sound advice on the matter if you are serious about claiming it.....
gwommit
Member
You could try asking the owners of the property behind if they have seen anyone onboard the boat at any time
JumbleDuck
Well-known member
There is no harbour master. There are no harbour dues. I explained why previously.
D
Deleted member 36384
Guest
In Scots law nothing can be ownerless and when an item is deemed ownerless, if in this case it has been abandoned, the Crown becomes the owner. The disposal of these abandoned properties is a police duty and the police can gift the property only to the finder. I think the time limit is 6 months from finding and fees may be required to be paid by the new owner, or not. If the original owner turns up within the 6 months, they may have to pay fees for the property to be released to them.
The above is from an internet search and may be bullshit!
The above is from an internet search and may be bullshit!
Solent sailer
Active member
I thought outstanding harbour dues etc . followed the boat. If so claiming a abandoned vessel might be expensive?
D
Deleted member 36384
Guest
Read the thread, it is a harbour which has no trustees and no management.
Vidas
New member
Though no Harbourmaster/trustees at the moment, that may be in the process of change from what I'm led to believe.
http://nith-navigation.zvn2106a.net
http://nith-navigation.zvn2106a.net
JumbleDuck
Well-known member
They have been working hard at it, but as I wrote, I believe that an Act of Parliament will be needed to sort out the mess.
Vidas
New member
JerryRhum
Member
Seems such a waste.
KevinV
Well-known member
Perfect opportunity to rechristen her "Lost Innocence"?
davidej
Well-known member
I am sorry to say that you can see similar vessels up an down the coast and on many inland waterways. A realistic valuation of f the. Is zero or negative.
ProDave
Well-known member
Very topical thread.
We changed our boat earlier in the year and sold the old boat. the new owner kept it in the same harbour, paid his harbour dues and sailed it often. But he got the bug and bought a bigger boat, so he sold our old boat again.
The new owner this time made no contact with the harbour master, did not show him insurance (a requirement of keeping a boat in the harbour) and after being challenged about this he seemed to disappear. The HM has been unable to contact him again so the boat is now in the naughty corner of the compound presumably racking up fees that someone will have to pay at some time. All because he would not communicate.
We changed our boat earlier in the year and sold the old boat. the new owner kept it in the same harbour, paid his harbour dues and sailed it often. But he got the bug and bought a bigger boat, so he sold our old boat again.
The new owner this time made no contact with the harbour master, did not show him insurance (a requirement of keeping a boat in the harbour) and after being challenged about this he seemed to disappear. The HM has been unable to contact him again so the boat is now in the naughty corner of the compound presumably racking up fees that someone will have to pay at some time. All because he would not communicate.
RunAgroundHard
Well-known member
This a very old thread. However, Innocence and another boat, a catamaran at the harbour were recently a subject on Facebook’s Sailing Cruising Scotland group.
Generally the same sentiments were expressed and enquiries if either boat was for sale, or could be sold.
Both look like shit and clearly whomever owns them, doesn’t want to, or is unable to maintain them. The harbour also looks poorly maintained.
Since this thread started in 2005, nothing much has changed, so it appears.
Generally the same sentiments were expressed and enquiries if either boat was for sale, or could be sold.
Both look like shit and clearly whomever owns them, doesn’t want to, or is unable to maintain them. The harbour also looks poorly maintained.
Since this thread started in 2005, nothing much has changed, so it appears.
mjcoon
Well-known member
Perhaps someone will claim you?Right, I'm off to sit by a marina with a deckchair and calendar; I reckon I should have a Swan and a Hallberg Rassey at least by 29 days time !