Your best bet is to check with the state body that deals with recreational vessels.
Here in NC, Wildlife's web site has instructions on how to make a claim on an abandoned vessel. If that doesn't work an old time BoatUS Captain can tell you how to make a salvage claim if you pay him to tow the boat. Then you could have it pulled, and put on the hard. If someone objects, and wants the boat they would have to pay you for the expenses you incurred protecting the boat from damage The iceing on the cake would be to have the State or USCG declare it a potential danger to navigation. Pay an Admiralty Lawyer for a one hour consult. Then you should feel confident about whatever you do. David Hartley -----Original Message----- From: Ed Kelly <[email protected]> Sent: Sunday, October 25, 2009 1:09 PM To: [email protected] Subject: Re: [Liveaboard] Legal question - Abandoned Vessel Hi Sam & Gina & List, I forgot most of the law I practiced before cruising, but I think my recollection is that the whole issue is handled in Admiralty within the Federal Court System if push comes to shove. Its so specialized most lawyers do not know much about procedure. My understanding is there can be many liens against a vessel, even if they are not registered, including for past goods and services. They are not extinguished by changes in ownership, and continue to be 'in rem' against the property - the vessel. Even if a vessel is abandoned, a salvor only gets certain rights and does not own the vessel outright, but must resolve the division of ownership rights and liens in court. Its so complicated the law is ignored by some, but ignorance of the law is no excuse. Anyone with a right can always reappear and enforce the right by an action in court. The way to extinguish all the rights is for someone with a right to the vessel to sue in admiralty with all the other parties named as parties and have the court adjudicate it... (I presume without knowing it has some similarity to a court action to quiet the title to real property, similar to a foreclosure, which ends with the property being sold by the US Marshall and the parties receiving their various interests, and the new owner having clear title against [The entire original message is not included] _______________________________________________ Liveaboard mailing list [email protected] To adjust your membership settings over the web http://www.liveaboardnow.org/mailman/listinfo/liveaboard To subscribe send an email to [email protected] To unsubscribe send an email to [email protected] The archives are at http://www.liveaboardnow.org/pipermail/liveaboard/ To search the archives http://www.mail-archive.com/[email protected] The Mailman Users Guide can be found here http://www.gnu.org/software/mailman/mailman-member/index.html
