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
 
Why have you posted this thread on two forums??? The live aboard forum would have surficed?
 
Methinks the applicable law only applies to land. The occupation you suggest is analogous to taking and driving away and is likley to be a criminal offence.

Limitation Act 1980, s15(1) provides that no action shall be brought to recover any land after the expiration of the limitation period of twelve years. "Limitation . extinguishes the right of the true owner to recover the land, so that the squatters possession becomes impregnable, giving him a title superior to all others." (Buckinghamshire County Council v Moran [1990] Ch 623, 635, CA). Time runs from the commencement of adverse possession. That requires a degree of occupation or physical control, coupled with an intention to possess without the consent of the paper owner (JA Pye (Oxford) Ltd v Graham [2002] UKHL 30 [2003] 1 AC 419). Adverse possession may cease (Limitation Act 1980, Sch 1) if the occupier gives a written acknowledgement of the true owners title (ss29 and 30); if the true owner grants a tenancy or licence to the occupier; or if the true owner physically re-enters upon the land.

I suggest Occupation of a boat without the intention to allow the owner access or possession is not covered by the enabling Act - which only pertains to land as far as i am aware.

Suggest you contact the police and have them removed 'cos if they object you can declare their action as theft and call the police to have them removed.

You can also move your vessel anywhere you like at any time.

How about a public mooring buoy in the middle of the tidal Thames? or a drying mud berth off Osea Island?

How about carrying out necessary structural repairs and grinding some fibreglass inside - after telling them they should move for health and safety reasons of course.

Charge them £100 a trip to remove their possesions!

All IMHO of course!

Please keep us informed.
 
Its squatters rights - he can post where he likes!!
/forums/images/graemlins/smile.gif /forums/images/graemlins/smile.gif /forums/images/graemlins/smile.gif /forums/images/graemlins/smile.gif /forums/images/graemlins/smile.gif
 
Sounds mor like piracy to me.

Take them sailing for the day, bringing them back is of course optional. /forums/images/graemlins/grin.gif
 
Unfortunately the International law of piracy is as follows

Piracy consists of any of the following acts:


(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship
or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts
making it a pirate ship or aircraft;
(c) any act inciting or of intentionally facilitating an act described in sub-paragraph (a) or (b).”


So for squatters to be pirates they would have to be from another vessel and be outside the 12 mile limit ...... shame but there it is.

The worst it possibly is is breaking and entering

Defined as

"Entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably illegal trespass, which is a misdemeanor"

illegal trespass

"entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight. Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass."
 
I hope this is just an academic question as I can vaguely remember a case of squatters who could not be legally removed from a yacht on a swinging mooring.if I remember correctly the key issue is weather they broke in or if the hatches werent locked.
 
Not quite in this area, but Henley council has just lost a case against users of moorings who have established adverse possession of the bit of river at the end of their properties.
 
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