Mooring squatter removal

[Tranona]

Is your club affiliated to the RYA? If so call the legal department for advice.

Don't think the Duchy will do anything as their licence to you will almost certainly place the responsibility for managing the moorings on the club.

Would make sense, whatever other course are open to the club to write to him asking him to move his boat or comply with the rules and give him a short time such as 14 days to comply. At some point you may have to show that you have tried to resolve the issue by negotiation. A record of being pro active would be useful.

 

[PlanB]

If one of the conditions of mooring is to have valid insurance, and he hasn't provided proof of insurance, this is an additional reason to ask him to leave.
I know there are differences in maritime law, but basically contact is offer, acceptance and consideration (payment). In the absence of written acceptance and no money, it seems to me there is no contract.
Is there somewhere you could safely move the boat, and chain it up to prevent removal, after a, say, 14 day notice period?

 

[Lakesailor]

It would be a shame if after all this effort his mooring warp failed in the next storm.

 

[BlueSkyNick]

Is your club affiliated to the RYA? If so call the legal department for advice.

Don't think the Duchy will do anything as their licence to you will almost certainly place the responsibility for managing the moorings on the club.

Would make sense, whatever other course are open to the club to write to him asking him to move his boat or comply with the rules and give him a short time such as 14 days to comply. At some point you may have to show that you have tried to resolve the issue by negotiation. A record of being pro active would be useful.

Good idea to consult the RYA.

Legally it is not possible to put a lien on a boat due to lack of mooring or berthing payments. Seizure of the boat would not be legal either. He doesn't owe you anything for the boat itself such as for outstanding work or supply of materials and even then only the Admiralty Marshall can put a writ on it.

Best approach is to tell him to pay up or go away, in the nicest possible way, in writing. If he doesn't, then take legal advice.

 

[prv]

Is your club affiliated to the RYA? If so call the legal department for advice.

Don't think the Duchy will do anything as their licence to you will almost certainly place the responsibility for managing the moorings on the club.

Would make sense, whatever other course are open to the club to write to him asking him to move his boat or comply with the rules and give him a short time such as 14 days to comply. At some point you may have to show that you have tried to resolve the issue by negotiation. A record of being pro active would be useful.

All good advice. The courts like to see that they are being used as a last resort, at the end of a series of increasingly firm demands, so evidence of those demands in writing will be useful.

I know there are differences in maritime law, but basically contact is offer, acceptance and consideration (payment). In the absence of written acceptance and no money, it seems to me there is no contract.

Acceptance doesn't have to be written - it doesn't even have to be verbal. Consideration can be pretty slippery too - as well as money and tangible items of value it can include the right to do something, actually doing something, or ceasing to do something. But yes, in this case it's hard to see any consideration having passed from the squatter to the club so if they want to argue that there is no contract that's probably reasonable (in my non-qualified opinion).

Pete

 

[prv]

Seizure of the boat would not be legal either.

It can be in some circumstances - our yard does a round of it every few years to recover unpaid mooring fees.

Pete

 

[Daedelus]

Just tell him someone else has now paid for the mooring and will be mooring up their boat whether he is there or not.


Oh, and warn him they use old car tyres as fenders and have an awful rubbing strake held on with burred head screws etc. If no movement get hold of an old hulk and carry out warning.

 

[robertt]

Best approach is to tell him to pay up or go away, in the nicest possible way, in writing. If he doesn't, then take legal advice.[/QUOTE]

This basically sums it up in my opinion. It's formal and not too threatening. He might be a nice guy and just really disorganised and need a kick up the bum

 

[FullCircle]

It would be a shame if after all this effort his mooring warp failed in the next storm.

Awful thing to happen. Surprisingly common occurrence.

 

[Seven Spades]

Firstly I would tell him that he is NO LONGER WELCOME to joint the and the offer has been withdrawn. Give him notice that the club charges £4/m per night to authorised visitors and that this charge will accrue from receipt of this letter. Failure to pay will result in both court action and the appointment of bailiffs.

He may then decide to go and squat elsewhere as it is too much trouble to remain.

 

[jerrytug]

Awful thing to happen. Surprisingly common occurrence.

So you would approve of cutting someone's ropes because he was tied up to the wrong buoy? Best of British.

 

[BlueSkyNick]

It can be in some circumstances - our yard does a round of it every few years to recover unpaid mooring fees.

Pete

Just because they do it doesn't make it legal!

 

[JumbleDuck]

Legally it is not possible to put a lien on a boat due to lack of mooring or berthing payments. Seizure of the boat would not be legal either. He doesn't owe you anything for the boat itself such as for outstanding work or supply of materials and even then only the Admiralty Marshall can put a writ on it.

When my boat was in Milford Haven Marina there were four boats chained to the pontoons with big notices on them saying they had been seized because of outstanding berthing fees.

 

[Stemar]

Just because they do it doesn't make it legal!

Several years ago, I was a couple of weeks late paying a renewal of my mooring with a company formally based at Hardway, now in Fareham. My cheque crossed a letter informing me that if payment wasn't received within 7 days, my boat would be removed at my risk and at a charge of several hundred pounds (to move a 24ft boat a couple of miles, at most) and put in storage until I paid all sums due. The rate costs would have escalated made Wonga and their ilk look positively humanitarian, but my information at the time suggested that their actions would have been lawful.

 

[ripvan1]

So you would approve of cutting someone's ropes because he was tied up to the wrong buoy? Best of British.

Yep, nasty post(s)

 

[Concerto]

Not knowing your mooring area, I presume it is tidal with drying banks nearby. Why not move the boat at HW Springs and secure to the banks, well away from your moorings, using his own warps. The boat would no longer be squatting on your moorings and it would be as carefully looked after as possible considering it would be dried out for most of the tide. Then once there it would become the Duchy of Cornwall's problem to resolve.

 

[[3889]]

. Seizure of the boat would not be legal either.
.

Impounding the boat would be trespass only; not a criminal offence. Any civil claim could be countered by a claim for losses arising from trespass on the mooring. It would put the ball in the sqatter's court as far as initiating legal action, with it's associated costs, is concerned, and might well focus his mind regarding moving on.

 

[LadyInBed]

Does he leave the mooring to go sailing?

Do you have a contact address for him?
If you have, then it sounds like a job for the Small Claims Court.

 

[Dockhead]

All good advice. The courts like to see that they are being used as a last resort, at the end of a series of increasingly firm demands, so evidence of those demands in writing will be useful.



Acceptance doesn't have to be written - it doesn't even have to be verbal. Consideration can be pretty slippery too - as well as money and tangible items of value it can include the right to do something, actually doing something, or ceasing to do something. But yes, in this case it's hard to see any consideration having passed from the squatter to the club so if they want to argue that there is no contract that's probably reasonable (in my non-qualified opinion).

Pete

Consideration exists when there is a promise to pay or give something of value -- not just when the payment or handing over of something of value occurs.

Acceptance does not usually need to be in writing (exceptions are in the Statute of Frauds).

Looks like a valid contract to me. The squatter promised to pay and received something of value already.

I would get his details through SSR, assuming there is a registration number there somewhere, and start dunning him. Send a bill for daily mooring charges, much higher than the pro rata monthly or seasonal rate, which kicks in only when he signs the contract.

 

[Tintin]

The offer of membership and an offer to offset the visitor rate that had already accrued against the annual member charge had already been made and he has promised to pay but of course when it comes to actually arranging to pay he does not reply to emails or calls. This has been going on all season. He has had plenty of opportunity to pay, there is extensive correspondance, but still no payment from him.