What is the law on stripping parts from an abandoned boat?

[ProDave]

Asking for a friend.

Scenario. A boat is aground on a beach between high and low water marks. The boat is holed so fills with water on high tides. The owner is aware but has made no attempt to recover it if indeed that is now even possible.

So what laws apply to this wreck if my friend wanted to go and take a few bits from it?

 

[Poignard]

You'll be stealing someone's property.

 

[RunAgroundHard]

In Scotland I made a query on a similar issue, but not exactly the same, and was told that "theft by finding" is a thing. It is not yours to take and use. In my case the item was a box that had washed ashore and obviously been there for a while.

Through the power of Google.

Theft & Robery Lawyers Edinburgh, Scotland | McSporrans.

An interesting comment on theft in Scotland Theft

 

[ProDave]

How does this differ to the laws of salvage?

 

[RunAgroundHard]

How does this differ to the laws of salvage?

If you can use Google you may be able to get more information than this Wreck and salvage law

It looks like you have to tell the Receiver of Wrecks, who will then do something about it, or not.

The duties and rights of the salvor​

If you recover wreck material, you must declare it to the Receiver. Finders should report their recoveries by submitting a completed Report of wreck and salvage form within 28 days of the recovery. You should give a full description of the wreck and will usually be asked to hold recovered material to the Receiver’s order.

 

[ProDave]

So you could recover some items, submit that form and keep the items safe. You might then ultimately be granted ownership of the items, or a payment from the owner for reasonable expenses for your efforts in recovering them?

 

[RunAgroundHard]

No. The person who owns the wreck knows about it and you have not been engaged to salvage. So it’s theft.

That’s how I see it, but I am not qualified to advise. Tell your friend that they need to ask someone who is qualified.

 

[Mister E]

If you claim salvage doesn't the whole thing become yours?
Thus you have the expense of disposal of the rest.

 

[Keith 66]

Claiming salvage is when you rescue a boat in trouble & take it to a safe place, A wrecked or abandoned boat that you have no hope of getting off the beach is a different thing, Taking stuff of it is just thieving. Though in some parts of the country it was an industry!

 

[C08]

If you claim salvage doesn't the whole thing become yours?
Thus you have the expense of disposal of the rest.

Interesting point!

 

[Touching Cloth]

Could your friend not contact the owner and make an offer for the parts of interest?

 

[Laysula]

Don't get caught.

 

[AndyDavies]

From your description I'd say the boat falls into the emoboldened category. Report to the Receiver of Wreck within 28 days. There certainly would not be a case for theft, even if it was ruled you had no rights to the items.

What counts as wreck material​

Wreck material includes things found on the seashore or in tidal water that have come from a ship, aircraft or hovercraft (vessels). This could be parts of the vessel, its cargo or equipment.

There are 4 main categories:

• flotsam - goods that have remained afloat after being lost from a ship that has sunk
• jetsam - things that have been cast overboard from a ship that was in danger of sinking
• derelict - property that has been abandoned at sea without hope of recovering it, which could be vessels or cargo
• lagan - goods that have been buoyed (so they can be recovered) before being cast overboard from a ship that then sinks

Wreck material does not normally include:

• boats that have come off their moorings
• buoys, like marker or mooring buoys (unless part of fishing equipment)

Report wreck material

 

[NormanS]

Many years ago, while converting an old wooden fishing boat, a slightly smaller, but very well fitted out motor yacht, came ashore and was wrecked. I negotiated with the owner. A very small sum of money gave me the right to everything on the wreck. I had to move very fast to strip out everything that I possibly could. (I remember my wife not being terribly enthused by masses of excellent electrical equipment lying submerged in the bath, until I had time to dry everything).
Within a week the weather had totally destroyed the wreck.

 

[Davy_S]

He could be shot for looting!

 

[steveeasy]

He knows it’s there and made no effort. If you know he knows, I suspect authorities know he knows, but do you really know what he does know or is doing about it.
Come on, it’s no different than snatching the wheels of a broken down car. I’d give your friend a lesson in morals or tell him not to ask his friend to get advice on a forum and go down after dark.

Steveeasy

 

[Keith 66]

Cant be in Cornwall it would have been stripped within hours. Years ago when i was at Falmouth Tech college a big Scottish stern trawler got wrecked near Maenporth beach under the cliffs. She ended up laying on her side with decks nigh on vertical. Me & a bunch of mates went down to have a look & it was a scene out of the 18th century, That wreck was swarming with blokes & within a few days the ship was stripped bare, i mean stripped.
Considering the access problems it was impressive to see!

 

[obmij]

It's in their blood down there.

Wreckers!

 

[wonkywinch]

When China Airlines 605 overran the runway in a typhoon at the old Hong Kong Kai Tak airport in 1993, it remained afloat and everybody was evacuated without getting in the water. Unfortunately a local fisherman decided to try a claim for marine salvage and pierced the hull with his anchor. The holds then began to flood.

The investigators/auditors also found a brand new Mercedes 500 SEL ($100k car) in the hold that wasn't on the cargo manifest.

China Airlines Flight 605 - Wikipedia

 

[ylop]

From your description I'd say the boat falls into the emoboldened category. Report to the Receiver of Wreck within 28 days. There certainly would not be a case for theft, even if it was ruled you had no rights to the items.

I agree it COULD be wreck.
I don’t agree that there certainly would not be a case for theft. If by removing the valuable bits you make it less attractive for someone to recover the whole vessel - id hope that the prosecutor refreshes their memory on the case law of abandoned property (which is much tougher to establish than just it’s not being looked after) before decking whether prosecute for theft, a merchant shipping offence or both.