Establishing Clear Title to a Boat

[Tranona]

Wow .... that's a lot of behemoths slayed, high horses brought down to size and old chestnuts thoroughly roasted ..... all in the one post!

Loved it!

Richard

Sounds like defying gravity to me - and turning a sows ear into a silk purse!

If it was all that easy there would be no more decaying heaps sitting at the back of yards!

 

[awol]

Wow .... that's a lot of behemoths slayed, high horses brought down to size and old chestnuts thoroughly roasted ..... all in the one post!
Loved it!
Richard

Aye, it's all very well, but what anchor does it have?

....and has in-mast-reefing so its not all bad.

???????

 

[GTom]

A sale under The Torts Act, gives clear Title to the Purchaser, any claim by the original owner will be against the Seller. See Section 12 cl 6 of Act (google will find it).

Has the situation improved lately? Boats have been lost on this...

 

[GTom]

A 30years old bot might not have the complete chain of documents (bills of sale, builder's cert), maybe just 10 years. Is it possible to establish clear title in a situation like this?
Adverse possession to my knowledge doesn't work, thus a hidden owner surfacing after a decade could ruin your day. Am I wrong?

 

[lpdsn]

You can get Part 1 registration on that so that's a pretty good indication.

However, you seem to have something of a fixation on this so your best bet would be to get proper legal advice for your own circumstances. Advice you get here is worth exactly what you pay for it. Nothing.

 

[GTom]

I'll do so, thx.

 

[Stemar]

the best expert will be one's-self.

If it was all that easy there would be no more decaying heaps sitting at the back of yards!

And there's the rub. Too many people think they're experts - until they find they aren't. While convalescing from a serious illness, I've been watching too many YouTube series about boat refurbishments, and I'm fast coming to the conclusion that merely doubling the best estimate of time and cost is optimism of the most dangerous sort

 

[peter gibbs]

Presumably the yard has failed to establish recent contact with the last owner and is now disposing to rid itself of the boat / limit its losses. The yard therefore takes responsibility under its own terms to serve notice on the last known address of the owner that this is about to happen; if an owner later appears, the yard can show the trail leading to it to exercise the rights most yards trade under, namely that if bills are not paid, then the yard assumes rights to recover its costs from disposal of the property.

On the face of it, and assuming you receive due bill of sale / disposal from the yard, you have acted properly and are beyond action for recovery by the original owner.

Loads of property is moved on this way every day - all the gear left on trains etc etc. But you will need paperwork from the yard duly signed by a director, to establish you acted reasonably.

Alternatively, find another boat.

PWG

 

[wotayottie]

A sale under The Torts Act, gives clear Title to the Purchaser, any claim by the original owner will be against the Seller. See Section 12 cl 6 of Act (google will find it).

see also " Where subsection (3) applies but the bailor did not in fact own the goods, a sale under this section, or under section 13, shall not give a good title as against the owner, or as against a person claiming under the owner.".

So as I read it, if the guy who left the boat in the yard and who is refusing to pay the bill has sold the boat to his mate for £1, then that mate still owns the boat even if its sold to you by the yard.

But |I am no lawyer so may well be talking bowlocks. Personally I would run a mile - in my dotage I have developed a remarkable ability toi wake up at 0300 hrs and get everything totally out of proportion. So for me it would be a nagging worry and sleepless nights. How about you?