Squatters rights ?

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capt_birdseye

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If a 'Live-aboard' vessel is un-occupied and 'Squatters' move in and claim 'Squatters Rights', what is the LEGAL position ?
Are they 'protected' from the annoyed owner by the legal situation, or can we just kick them overboard ?
Sensible, informed, legal answers are most welcome. I have my own thought about the other type of answer ! Cheers ! /forums/images/graemlins/confused.gif
 
I am not a lawyer but it seems to me that the answer here would have to depend on where the boat was. In England the law on squatters is well establishes as regards land. (Effectively if you occupy land without the permission of the owner for a sufficient number of years, you can then obtain title to it.) Short term "Squats" in unoccupied houses are a real problem for owners with squatters legally protected against forcible eviction. I have no idea how the law on these subjects would apply to a boat except that chucking the barstewards overboard would certainly be an offence.
The law on the subject as applied to boats may never have been tested in court. It could well be quite different as between say a houseboat on the Thames (which the court could well decide was in fact analagous to a house) and a sailing yacht in an anchorage. Laws on piracy may also come in to play.
Overseas matters are likely to vary from country to country.
 
Many years ago read a story in the yotty press about a yacht owner who moored up at a harbour (in England) & popped ashore to do a bit of shopping. On return he found 2 squatters had moved in, which to cut a long story short he couldn't get rid of. (tried HM, police, that sort of thing). In desperation he jumped aboard & severed the engine cooling pipe. Boat sank. Squatters left. Moral ?
 
I am not 100% sure of my ground here, but for what it's worth, I have the idea that if someone moves aboard your boat in your absence, by breaking in, that is considered a crime under the law? and given those circumstances, you would be within your rights to forcibly eject them or forcibly detain them, to await the arrival of the authorities.

As I understand it from circumstances that I have experienced at home, you are allowed to use only as much force as is neccessary to detain, you are not allowed to beat the s-h-i-t out of them, similar if you are attacked by them, you may use as much force as is neccesary to prevent them from killing you, or causing you serious injury.

Personally, if I had been stupid enough to leave my vessel unlocked, and on my return found a couple of scroats telling me they were claiming my boat under squatters rights, they would go over the side, and I would be willing to use any amount of force in order to achieve that, sort it out in court after, if neccessary!

Now I realise that not everybody is built like a brick s-h-i-t house as I am, and not everybody is willing to take this kind of action, for one reason or another, so I guess you have to weigh up the situation if it happens to you, and take whatever action you feel is appropriate.

For myself, NOBODY, is going to come along and take from me, that which I have worked very hard for, at least, not if I am there to do something about it.

I realise the above is a bit of a rant, and maybe not much use to a lot of folks, but sometimes direct action is the only way of achieving a just and fair outcome. Especially these days where we find that the perps tend to have more rights than we do, so F*** 'EM!

Charlie.
 
Does anybody here actually know the law on Piracy? The police may well treat squatters as a civil matter, and try their hardest to ignore the criminal aspects of breaking and entering (as it used to be called). Piracy is thought by most people to be the forcible taking or robbing of a vessel on the high seas, but I wonder if it is not just as much an offence of piracy to enter and effectively steal a vessel in the captain's absence? If "squatting" on a vessel is in fact legally an act of piracy the police would be guilty of dereliction of duty if they did not try to arrest the offenders, and could therefore be made to act.
 
To board a boat which is not your property or you have NO right to be there. if that boat be afloat and the intention is to deprive the owner of the right to re-board then in my book that would be PIRACY in that case any reasonble force to evict said perpertrators would be within the law I would assume -IMO. But if it happended to me then I would Term it as above..and take action as I saw fit..
 
Interesting replies to my question ... I wonder what the RYA Legal Eagle would say ? Also, many 'squatters' actually do break into the various properties that they occupy, so 'Breaking and Entering' doesn't account for much in the eyes of the law. Might ask the CAB for their advice ! ( Marine section of course ! )
 
I think you will find that "breaking" into an empty property, is viewded a bit differently to breaking into a boat that is someones home, complete with all it's contents.

Also, I believe that Swansea Marina had a bit of a do with some scroats that were breaking into boats that were unoccupied by their owners, and I also believe that the Police were very happy to take them off their hands, there was a thread on these forums about this just recently.

Breaking and entering is still a crime (I believe), if it isn't, then God help us all!

For myself, I can only re-iterate what I have already said, I will deal with the situation as I have already outlined, and if the law wont back me up, so be it, the law can kiss my arris. One thing is certain though, whatever the legal outcome of me removing undesirables from my boat, the law is not going to re-instate them on my boat is it.

So job done! /forums/images/graemlins/smile.gif
 
[ QUOTE ]
Board with a beefy crew and go to sea for a week /forums/images/graemlins/grin.gif

[/ QUOTE ]

Some diesel fumes vented into the cabin may speed things up a bit. /forums/images/graemlins/laugh.gif
 
Re: Squatters rights Legal update

I have been sent a lengthy 'explanation' by a colleague and will 'try' to post it on here. Stand by !

a building is referred to as a dwelling , shall also apply to an inhabited vehicle or vessel and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as times when he is.

of note a stated case has held that the vehicle or vessel has to be used as a dwelling. or there is some degree of permanance to them.


so your caravan on the side of your house or a boat you use and stop in occasionally is not a dwelling, however if you are living on the boat for any length of time either holiday or other reason it is a dwelling.

any squatter who takes occupancy in a "building" must not cause damage to enter, the "building" and there must be no one residing there.

so someone enters my house while I away on holiday because I have left the front door wide open can't claim squatters rights as it is my residence.

likewise a vessel is not a building so they can't claim squatters rights, unless the vessel has some permancy to it, so if I buy a boat and encase it in concrete intending to live in it at a later date but currently do not then a squatter can claim squatters rights if he enters it and uses it as his home WITHOUT causing damage. if damage is caused to gain entry you can't claim squatters rights,
the key thing is a boat is not a building (which it need it be to claim squatters rights) unless it is lived in, and you can't claim squatter rights in a occupied property, so unless you have a case like the boat in concrete you'll be fine no one can claim squatter rights in your boat, and if it locked up it's safe too.

Phew !!!
 
Mmmm! Interesting point. Have checked with my brother-in-law - slightly different rules of engagement, he is checking into the full legalities etc. Initial viewpoint is a mixture of Smiffy's Law and International waters. Get the boat out to sea, select MOB and plead, "I did my best to save 'em your honour, but they just jumped overboard"!

Dead men tell no tales!
 
shouldn't need to go that far Nige - board with said crew and anounce 'next stop Australia' should do the trick............

like the legal details - very usefull. Basically if it's never lived in it can't be squatted in. If it is lived in but is being occupied as such at the time it can't be squatted in. If it is damaged to gain entry it can't be a legal squat.
 
Hmmm, not sure Oz would put 'em off... Most squatter types would be crusties, who'd probably think Oz an adventure. Better try Belgium, or Norfolk. Yeah, announce a relocation to Gorleston, only town I've ever been to in the UK without an Indian resto, and close enough to Grrr Yarmouth to be truly grim. That should work.
 
Just beat the crap out of the b**tards! then sue the marina for allowing then to get aboard.

Failing that, (as its a sail boat) just cast off with a large crew and sit outside teritorial waters depieving them of food and water etc, in a howling gale,until the b**tards plead to go ashore. letting them ashore about 50m off the beach. should sort them out.

Basicly [--word removed--] em, if you can loose overboard so much the better!
 
No legal expert but IMO the important bit is 'vessel', it's not a house or land, I don't reckon you'd get away with squatting on a cross channel ferry or car(?).

If not don't sink her, very small holes drilled in your hull should repetatively fill your bilges, damp boat, long winter- I'd rather squat on a virgin train (least i'd have a charing point for my laptop)
 
Re: Squatters rights Legal update

[ QUOTE ]
some degree of permanance to them.


[/ QUOTE ]

I think one could argue that a Hamble mud berth on a little walkway with tubs of flowers and green warps might constitute "some degree of permanency", likewise an engine with the head off, or a lack of useful steering gear, etc etc....

I'd say to the judge, "Lets all go down there judge and if, as is claimed, the berth is not permanent, lets go for a turn round the Solent to prove it". If the owner turns white and starts to shake you're in for the forseen.
 
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