Boat off mooring - salvage claimed

Halo said:
The poor fellow says he cannot afford a present for his grandson. I would offer to pay him £100 for his efforts and in exchange for a statement of full and final settlement.
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He will think "result" and make it his business to "help" others in a similar manner. Some people are just genetically programmed arses.
 
Lakesailor said:
He will think "result" and make it his business to "help" others in a similar manner. Some people are just genetically programmed arses.
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We were recently warned about a chap in Fort Lauderdale, Florida who with some regularity has 'saved' sinking boats: It seems to be that apparently well maintained boats suddenly begin to take on water; often due to a hose having coming adrift from a seacock tail. But fortunately he (and only he - no other witnesses) is there just in time to break-into the boat, get a pump into the bilge and running, then tow it to a nearby dock, where he chains it up and slaps a salvage notice onto it.
 
I had something similar when my old boat broke its mooring and dragged past an orkney type fishing launch.
My haslar self steering caunght his auxiliary outboard and damaged the cowl plus I left a couple of scratches in his gel coat.
The boat was very old and well worn as was mine and neither were insured.
I ended up forking out almost £1000 for damage and guess what- apart from replacing the outboard cowl the boat has still to be " repaired" six years on!!
 
paulwornell said:
Interestingly the Government web site states that "If a boat comes off its moorings, it isn’t generally classified as a wreck for the purposes of the Merchant Shipping Act 1995, as it hasn’t been abandoned without hope of recovery". However, reading Section 255 of the act (definitions) I can't spot this in the text. I guess it has emerged via case law and precedent?? Anyone know the background??
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IIRC, salvage claims can not be made within a harbour area.
 
One of the Glenans 5.70m dayboats used by our club for sail training dragged its anchor in an overnight blow, at Church Strand Bay, Baltimore, and ended up on a rocky shore. When I arrived at HW-1 to recover it I found that it had already been rescued and re-anchored by the Harbourmaster, who required no other reward than a Thank-you.
Thanks again, Diarmid!
 
How about cutting the chain, remove the boat and leave a second hand bike tied in its place using new chain and lock - fully compliant with the salvors demand. Take some photos before and after.
 
Mariner69 said:
It is simple common law salvage.
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Common law salvage can only be claimed on the High Seas...

Salvage in coastal waters and tidal rivers and harbours is covered by statute, but one case based on our legislation which was similar to UK law, the High Court dealing with a yacht that had gone adrift in Kinsale harbour used the following test for whether salvage applied .... "if the owner had been aboard would he have accepted a tow in order to save the ship", plainly the owner of an adrift oil tanker without an engine drifting onto rocks would, but a small yacht drifting onto a sand bank would probably would not.

I suspect this is why it is not salvage.
 
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longjohnsilver said:
Hmm, not a very satisfactory end to a long thread!
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But it may be the honourable position to take for all parties directly involved. I assume that it is a wise decision from MoodySabre based on the thread.
 
AngusMcDoon said:
I suspect that the police will file and forget as too difficult to get involved with and not part of their targets and go and harass some motorists instead.
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Unless you have gone off the M9 near Stirling, where they will leave you to rot until embarrassed into action by the media, by which time its too late.. Still no resignations nor sackings...
 
If it was my boat id of cut the padlock and taken it back... There is 2 things I love in this world and that is myboat and myself.....

You could always cut his mooring line beneath the ball as well...
 
Anyone who behaves in the manner of the self proclaimed salvager has forgotten that the sea-faring community depends on us all needing a helping hand from time to time and having supportive folk around when needed. What a prat. Forget the legal debate - that guy should be ostracised from the local boating fraternity.
 
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