Mooring owner

PabloPicasso

PabloPicasso

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I was given a mooring which I've been on for five years or more. This year I replaced the riser chain in its entirety and it has a new bouy, and pick up bouy and line. The original safe with ships chain and lifting ring are original as is the s/s swivel.

Now the original owner wants it back, in 2015. So who is the rightful owner?
 
No there were no papers. But I'm very grateful for its use for those years. I don't want to annoy the owner who very graciously gave it to me saying he would never want it back. I'm not looking to impose on him, he's a very nice man, I just wondered what everyone thought?
 
PabloPicasso said:
No there were no papers. But I'm very grateful for its use for those years. I don't want to annoy the owner who very graciously gave it to me saying he would never want it back. I'm not looking to impose on him, he's a very nice man, I just wondered what everyone thought?
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In theory you could probably remove your riser chain, buoys and so on, or ask him to pay for them. On the other hand, if he is a nice guy and has let you use the mooring for five years it would be a kind and fairly inexpensive gesture just to give him the stuff. Pragmatically, that probably makes it more likely that you get the mooring again the future if his need for it goes again.
 
JumbleDuck said:
In theory you could probably remove your riser chain, buoys and so on, or ask him to pay for them. On the other hand, if he is a nice guy and has let you use the mooring for five years it would be a kind and fairly inexpensive gesture just to give him the stuff. Pragmatically, that probably makes it more likely that you get the mooring again the future if his need for it goes again.
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The OP has used the owners gear for 5 yrs & has just maintained it IE replaced what he has worn out
 
PabloPicasso said:
I was given a mooring which I've been on for five years or more. This year I replaced the riser chain in its entirety and it has a new bouy, and pick up bouy and line. The original safe with ships chain and lifting ring are original as is the s/s swivel.

Now the original owner wants it back, in 2015. So who is the rightful owner?
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Who owns the site? The Crown I suspect, possibly leased to a second party.
If so then neither of you have the rights to use without their permission, so ask them
 
JumbleDuck said:
In theory you could probably remove your riser chain, buoys and so on, or ask him to pay for them. On the other hand, if he is a nice guy and has let you use the mooring for five years it would be a kind and fairly inexpensive gesture just to give him the stuff. Pragmatically, that probably makes it more likely that you get the mooring again the future if his need for it goes again.
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+1
Or even ask him to make a contribution to the costs, politely reminding him that he said "he would never want it back".

As also stated, five years wear is down to your use, so probably not a bad deal.

I hope you get it sorted amicably - it's good to hear of people trying to do the right thing with consideration to others.
Well done. Good luck.
 
Legally, if you were given the mooring gear, you own it. An unconditional gift cannot be rescinded in English Law. Proving this was an unconditional gift might be difficult although, personally, given you have used and maintained it without payments for 5 years, I would give you the benefit of the doubt, which is the ultimate burden of proof in a civil case, in a "your word against his" scenario.
Morally, I would give it back to the owner and be grateful to have had 5 years use, even with the cost of a riser etc.
 
The cost of the metalwork is of little consequence in most places.
The value is often in the 'rights' to the area where it is.
In many harbours, the right to rent a spot from the crown estate via a club is something that changes hands for serious cash.
Over 5 years, you write off all the gear, so you have done Ok, except you need a mooring of course.
 
sailorman said:
My mooring is professionally checked & items replaced every year, you have done well
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Our risers are inpsected annually, amnd on the basis of experience repleced every two years, so I'd put it that he's been very lucky not to have had the boat go walkies rather than "done well"!
:-)
 
PabloPicasso,

I have to say I'm a little surprised you should even suggest the mooring might now be yours, of course it belongs to the chap who was good enough to lend it to you.

As an example, my club provides moorings from the sinker up to the floating buoy, the owner then provides the pickup buoy,swivel ( our club has them atop the floating buoy, seems to work ) and chain - which I change every 3 years.

After a problem with moorings I had to use a temporary one for the last half of 2012, then for personal reasons I kept my boat ashore this year.

I told the new 2013 owner of the temporary mooring he's welcome to my top gear, as I'd be replacing it in 2014 anyway for my normal mooring though last I saw it was in excellent condition.

You have done extremely well to get a cheap or free mooring for 5 years and just had to do minimal maintenance, just concentrate on your next move rather than expecting freebies forever !
 
Seajet said:
PabloPicasso,

I have to say I'm a little surprised you should even suggest the mooring might now be yours, of course it belongs to the chap who was good enough to lend it to you.
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To quote the OP:

".......owner who very graciously gave it to me saying he would never want it back." Therein lies the quandary.
 
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