Ownership dilemma

[<152587>]

Some 6 months ago I rescued boat floating down river after breaking away from its moorings and tied it up to a spare mooring. The Police showed no interest whatsoever as it had not been reported stolen missing. No person has come forward to claim it. I have regularly visited the boat with a pump and made sure it did not sink.

I now find my self in the unenviable position of being harried by the mooring owners to move the boat and pay for the time it has been tied up.

What is my liability to this vessel?

Do I own it under the laws of lost property?
Should I walk away from it and leave it too its fate?
Any other suggestions or advice from anyone that has been in this situation?

 

[macd]

I suspect there's some pretty grey area of law here but doubt that by your reasonable (and public spirited) actions you assumed title to the boat. But a couple of obvious questions come to mind:
Do you want to keep the boat?
Is the river tidal: i.e. could the boat be 'wreck', or is it only possible that it came from upstream? If 'wreck', quite different law might apply than if it were simply 'lost property'.

Are you AP Herbert?

 

[<152587>]

In answer to your questions, No I do not want the boat, to put it in order would incur lot of cost. The river is tidal, the tide was on the ebb when I took it in hand but may have broken from many hundreds of moorings both up or downstream. Finally who is AP Herbert?

 

[Tam Lin]

eBay?

 

[ripvan1]

I would tell the mooring owners to do one - if they originally rented out mooring then presumably they have some details. If they haven't then boat is surely their responsibility. Send them a bill for your time and effort.

 

[macd]

Finally who is AP Herbert?

Sorry, didn't mean to throw you a curve. He's as in AP Herbert's 'Misleading Cases': UK legal satire treasured by many of us of a certain age. There's plenty about him on the web.

Hope your replies can help others with more authority answer your sticky question. The law, as said, is somewhat grey, but I don't think that anyone could legitimately claim that by your actions you have made the boat yours. Ideally, you would have perhaps told the owner of the mooring the position shortly after taking control of the boat (if you knew who that was), but that's water under the bridge now.

 

[NickRobinson]

If I was the mooring owner I'd think you looked very much like the boat's owner by now. It's gone on so long now, your good natured passerby status is confused by your repeated visits and basic maintenance.

 

[RichardS]

I would tell the mooring owners to do one - if they originally rented out mooring then presumably they have some details. If they haven't then boat is surely their responsibility. Send them a bill for your time and effort.

But the boat is presumably not from the moorings where it is currently moored but somewhere further up or downstream.

I would talk to your moorings people again and see if they would be prepared to lift it and stick it in an unused corner of their site. If you have the name of the boat I would publicise it on here and ask your moorings people to contact the others on the river - surely they must have regular contact through their business association or something.

Richard

 

[mickyp168]

I think it hinges around the Law of Salvage which is huge legal grey area. (look it up on Wiki and you will see what I mean) This says that if a person rescues a vessel 'in peril' then they are entitled to compensation as to the value of the vessel from the owner. Of course 'in peril' is a grey area as well. Common sense would say that this vessel was 'in peril' so you are actually entitled to compensation for your efforts. But you dont know who the owner is. However I can see a circumstance where the owner of the mooring has a case. If 'property' and the boat is 'property' has been discarded by the owner then someone can take legal possession of it. This then hinges around the length of time since you rescued the boat and the actual owner not having recovered it that it can be said to have discarded . By regularly tending to the boat you have assumed the function of the 'owner' ie what an owner of the boat would reasonably be expected to do. Therefore I think in order to avoid possibly being wrapped up in a legal grey area nightmare , depending on how pursuant the mooring owners may be, it is time to take what we called in the Navy a 'pier head leap'.
Cheers Mick

 

[DanTribe]

Sorry, didn't mean to throw you a curve. He's as in AP Herbert's 'Misleading Cases': UK legal satire treasured by many of us of a certain age. There's plenty about him on the web.
.

I remember the TV series as being very amusing. A particularly relevant episode for the forum was the one about navigation right of way rules, following a collision between a dinghy and a motor car on flooded Putney embankment. That could keep out right of way experts busy for ages.
A P Herbert's book The Singing Swan is also worth reading, especially for East Coasters.
Sorry for thread drift.

 

[sarabande]

the vessel's name would be useful as she might then be identified by someone on the river.


It's a possibility that the owner has made a claim against his insurance company for loss of vessel, and no longer has any interest.

Take it over, flog it on ebay and give the proceeds to a marine charity ?

 

[Biggles Wader]

In answer to your questions, No I do not want the boat, to put it in order would incur lot of cost. The river is tidal, the tide was on the ebb when I took it in hand but may have broken from many hundreds of moorings both up or downstream. Finally who is AP Herbert?

Easy then.You dont want the boat.Tell the mooring owner its not yours and walk away.

 

[jordanbasset]

Easy then.You dont want the boat.Tell the mooring owner its not yours and walk away.

Agree KISS principle applies

 

[rob2]

It goes against the grain, but I agree you should walk away as fast as posible - trying to look disinterested! In the past I have effected rescues to boats on our club's moorings , so I did know who the owners were. Never had a word of thanks nor the return of shackles, strops etc used to secure them or make the rig safe, but I'd still do it again.

You don't say where this boat is, but on most rivers once a mooring contractor has heard about a wandering boat the news gets around pretty quickly, though if insurance is involved the owner may well feign ignorance.

Rob.

 

[Halo]

AN ideal opportunity for someone who wants to do a viking burial at sea ! Come on forumites suely one of you will step up and take it off his hands !
Now thinking about it the mother in law was looking a bit dodgy over xmas and she may be interested - I will ask her and let you know if she is.
If that does not work and you are anywhere in the North of England then you may get soemone interested in using as a house boat moored somewhere on a local high street.

 

[superheat6k]

When you salved the vessel in order to claim salvage you were obliged to report your find to the 'Receiver of Wrecks'. This would establish your claim and if unchallenged the boat would become yours, as would presumably any encumbrances, such as hooking on to someone else's mooring.

If the boat has any value then it might be perfectly reasonable to make such a report now, but check if there are time limits on making a declaration, after all one could find a boat conveniently adrift and then find a quiet back water on which to park it for a few months before making the declaration.

Not sure if I would be overly impressed if my pride and joy broke its mooring and simply disappeared, then materialised say 6 months later on Ebay under new ownership.

 

[Malish]

Just how big is this boat? Does it have an anchor? Consider removing it from the mooring and either beaching it on a spring tide and securing its anchor on the marsh or anchoring it in a designated area..... Then walk away if you want nothing more to do with it. Only issue is if you are now associated with the boat and someone has your address..