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Chuck Gould Chuck Gould is offline
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First recorded activity by BoatBanter: Jul 2006
Posts: 3,117
Default Salvage Question

On May 2, 7:04�pm, Larry Weiss wrote:
We are about to launch the boat over the next week or two. *Today I went
down to the marina to check out our boat slip (we've had the same one
for years), and there, tied to the dock in our slip is someone's
fiberglass dinghy "floating" mostly submerged just at the water's
surface. *It actually looks like a nice little boat and it appears that
it is submerged only because it is filled with rain water. *It also
appears to be abandoned. *There is no motor on it and from its submerged
state I am unable to see whether it has any registration numbers. *The
slip is in a municipal "township" marina, not a commercial boatyard, so
there really isn't a dockmaster or manager or owner to go to about this
- just bureaucrats and civil servants who won't have a clue. *The
question is, if I refloat and remove this dinghy (which will take some
doing, and which I'll have to do anyway to get my boat in), is it then mine?

Larry Weiss
"...Ever After!"


It might be hard to establish that the dinghy is in immediate risk of
foundering if it is tied to the dock. It has been secured. That works
against your possible salvage claim, IMO. It may make some difference
whether or not the water in the boat is due to rain or a breach in the
hull. It's pretty reasonable to expect to bail out an open boat after
a rainstorm, so it may not be sufficiently distressed to set up a
salvage situation

Supporting your possible salvage claim: This dinghy is in *your* slip.
Maybe you can assume it is actually intended to be a gift? If you
could establish that it has been there for several months, say almost
ever since you moved out last fall, that would make a pretty strong
case for abandonment.

It could turn out that the dinghy belongs to a friend of some kid who
works at the municipal marina. "Sure, bring your boat down and tie it
up for the winter, nobody will use those slips until next spring."

Why not call the harbor patrol and, without identifying yourself, ask
a hypothetical question: "If I find a boat that appears to be
abandoned and turn it into the patrol, what happens if the patrol
doesn't locate the owner? Would I have an option to get the "found"
property back?" That might help you decide what you'd like to do.

If you can bail the boat out to the point where it will float high
enough for you to see is it has any registration numbers, that would
be important as well. No numbers, no owner as far as a lot of people
are concerned. If there are numbers, you run the risk of being charged
with theft. Not that the charge would be likely to stick- but there
would still be some risk IMO.