Liens on boats...

Boo2

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From reading these forums I've been given to understand that if (say) a boatyard has done work on a boat and not been paid they have a lien on her and are entitled to prevent her removal until after the bill has been paid. I read that this does not entitle them to go out and seize the boat if not still present in their yard however.

My question is : what happens if someone has work done but fails to pay and then the new owner, all unsuspecting, takes the boat to the yard where money is owing. Are the yard entitled to extract payment from the new owner on pain of refusing to release her ?

Note: this is not a question on the standard contract terms like "...free from any fees, debts, liens or encumbrances..." etc. I know about that, and obviously would have such a term in any boat purchase contract I sign. This is a question strictly regarding what the boatyard are entitled to do.

Thanks,

Boo2
 

Tranona

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There is a good coverage on the subject in the legal advice section on the RYA website.

Rather than me trying to summarise it (and probably get it wrong) suggest you read it yourself.
 

macd

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The page to which Tranona refers is members only. If you're not one and would like the full text, please PM me.

What I take (in an untutored, laymans way, so don't bank on it) to be the relevant part, is this:

STATUTORY LIENS:
Statutory liens include the following, being the two most likely to be encountered:
1. [irrelevant]
2. Claims in respect of goods, repairs or materials supplied to a vessel for her operation or maintenance.
Unlike maritime and possessory liens, the enforcement of statutory liens is limited by ownership: any action to enforce a statutory lien may be brought against the vessel only if the liable person was the owner of the vessel (or charterer or otherwise in possession or control of the vessel) when the claim first arose, and is still the owner (or charterer etc) when the Claim Form is issued.
 

Tranona

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Given the number of questions the OP asks on basic issues, maybe membership of the RYA would be a good investment for him if he has not joined already.
 
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Boo2

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...the enforcement of statutory liens is limited by ownership: any action to enforce a statutory lien may be brought against the vessel only if the liable person was the owner of the vessel (or charterer or otherwise in possession or control of the vessel) when the claim first arose, and is still the owner (or charterer etc) when the Claim Form is issued.

Thanks very much for your helpful reply Macd, that was exactly what I was after.

Boo2
 

Sailfree

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30 seconds on Google would also have got you there, with an explanation.

One of the advantages of this Forum is that you can Read answers to questions you did not raise and many increase their knowlege this way.

If everyone went off and googled the answer no one else would be any the wiser.
 
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