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#1
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Evan Gatehouse wrote:
In Canada there are two systems of boat ownership: - Registered - Licensed If it is a registered vessel, you can easily check the title is clear of liens. If it is licensed it will have a number on the bow. In BC they usually start "13K ....". Licensed vessels may have liens against them and you won't be able to tell. Licenses are for smaller boats (under 15 gross tons), effectively about 40' or so. Evan Gatehouse In some provinces...such as Nova Scotia, you can own a boat without registering it (motor less than 10 hp). I have an 18' 6" Sandpiper 565 mini cruiser trailerable sailboat with 6hp Evinrude and it is not registered. |
#2
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Don White wrote:
In some provinces...such as Nova Scotia, you can own a boat without registering it (motor less than 10 hp). I have an 18' 6" Sandpiper 565 mini cruiser trailerable sailboat with 6hp Evinrude and it is not registered. Forgot to say...it's not licensed either. |
#3
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Don White wrote:
Evan Gatehouse wrote: In Canada there are two systems of boat ownership: - Registered - Licensed If it is a registered vessel, you can easily check the title is clear of liens. If it is licensed it will have a number on the bow. In BC they usually start "13K ....". Licensed vessels may have liens against them and you won't be able to tell. Licenses are for smaller boats (under 15 gross tons), effectively about 40' or so. Evan Gatehouse In some provinces...such as Nova Scotia, you can own a boat without registering it (motor less than 10 hp). I have an 18' 6" Sandpiper 565 mini cruiser trailerable sailboat with 6hp Evinrude and it is not registered. It's the same in BC. I think this actually a federal regulation across Canada Evan |
#4
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On Sun, 05 Jun 2005 21:17:56 -0700, Evan Gatehouse
wrote: In some provinces...such as Nova Scotia, you can own a boat without registering it (motor less than 10 hp). I have an 18' 6" Sandpiper 565 mini cruiser trailerable sailboat with 6hp Evinrude and it is not registered. It's the same in BC. I think this actually a federal regulation across Canada Evan Yes - despite Marley's claims elsethread, vessel licensing is a federal matter. However, I understand that some canal systems in Ontario may require that _all_ vessels, regardless of horsepower, must be licensed - but that is a local requirement. -- Peter Bennett, VE7CEI peterbb4 (at) interchange.ubc.ca new newsgroup users info : http://vancouver-webpages.com/nnq GPS and NMEA info: http://vancouver-webpages.com/peter Vancouver Power Squadron: http://vancouver.powersquadron.ca |
#5
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Peter Bennett wrote:
On Sun, 05 Jun 2005 21:17:56 -0700, Evan Gatehouse wrote: In some provinces...such as Nova Scotia, you can own a boat without registering it (motor less than 10 hp). I have an 18' 6" Sandpiper 565 mini cruiser trailerable sailboat with 6hp Evinrude and it is not registered. It's the same in BC. I think this actually a federal regulation across Canada Evan Yes - despite Marley's claims elsethread, vessel licensing is a federal matter. However, I understand that some canal systems in Ontario may require that _all_ vessels, regardless of horsepower, must be licensed - but that is a local requirement. Still wrong Peter. You are no doubt quite used to that though |
#6
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![]() In Canada there are two systems of boat ownership: - Registered - Licensed If it is a registered vessel, you can easily check the title is clear of liens. This is completely incorrect. In Canada AND the USA, maritime law allows that a lien, debt or encumerance CAN exist without being documented anywhere. M |
#7
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I know nothing but I won't let that stop me. :-) In the US smaller
boats are registered with the state. The laws vary from state to state. Some may not issue a certificate of title. If the state does issue title, then it would keep track of liens. Larger boats (yachts) are "documented" or registered with the US Coast Guard. I don't know about those. Tom Of the Swee****er Sea Denis Marier wrote: I am a little uneasy to buy a used sailboat. I do not know of any mechanism that can tell me if there are any monetary liens against a sailboat. If I buy a boat and pay the seller in full who will prove that I own the boat. The seller may still owe money to the bank that makes the bank the real owner. One of our club member did buy a boat in the US and managed to obtain clearance from the lending institution. This may not always be the case. Many are saying that I may have to hire the service of lawyer to get clear ownership other suggested the service of a broker. In Canada, lawyers are only responsible for what information they have access or made available to them. I would appreciate any comments and suggestions TIA |
#8
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Tom Shilson wrote:
I know nothing but I won't let that stop me. :-) In the US smaller boats are registered with the state. The laws vary from state to state. Some may not issue a certificate of title. If the state does issue title, then it would keep track of liens. Larger boats (yachts) are "documented" or registered with the US Coast Guard. I don't know about those. Tom Of the Swee****er Sea Denis Marier wrote: I am a little uneasy to buy a used sailboat. I do not know of any mechanism that can tell me if there are any monetary liens against a sailboat. If I buy a boat and pay the seller in full who will prove that I own the boat. The seller may still owe money to the bank that makes the bank the real owner. One of our club member did buy a boat in the US and managed to obtain clearance from the lending institution. This may not always be the case. Many are saying that I may have to hire the service of lawyer to get clear ownership other suggested the service of a broker. In Canada, lawyers are only responsible for what information they have access or made available to them. I would appreciate any comments and suggestions TIA Remarkable how little people understand maritime law as pertains to liens, debts and encumerances. Short answer: If a debt is incurred against a vessel (USA or Canada) that debt is against the vessel, not the owner. Maritime law does NOT require ANY registration of the debt, lien or encumerance in any manner. All that is required is that the debt be provable. Whether the vessel is registered federally or licensed provinically or state licensed, the debt does NOT have to be "on title" to be enforceable. That is a FACT of maritime law and if you are boat owners, you should know that! The debt holder can if they choose register the debt, but they do NOT have to! For example, say you buy a boat, pay for it and everythings good. Then 2 years later you wander into a marina where the previous owner damaged the dock with that boat. The marina has every right in law to sieze you vessel and demand payment before releasing it back to you. Of course you then have every right to try to get the money out of the previous owner if you can. Folks, this ain't rocket science. Do a little research before spouting bad information! |
#9
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If the boat is USCG Documented and was financed, the lender is entitled to
have a "preferred mortgage" recorded against the vessel -- this is a mortgage which is given status as a maritime lien. As such it enjoys a certain priority in the event of default. In addition, the Coast Guard is prohibited from making certain changes in documentation including, but not limited to, change of vessel ownership, name, and hailing port without consent of the mortgagee. For this reason many financial institutions require vessels which are eligible for documentation to be documented and to have preferred mortgages recorded against them. If the vessel is documented, and many of the more upscale recreational vessels are, you can pay a fee and get official records of liens against the vessel. http://www.uscg.mil/hq/g-m/vdoc/nvdc.htm If the boat's not documented and has only state registration, the certificate of title in most states will show an unpaid lien. Contact the boat registration unit of the particular state of interest and just ask about it. Some may have websites with the information you seek. You will want to pay a fee for a certified copy of title. And you'll also want the sales contract to have the owner's sworn statement about liens and his release and indemnification. Len -- Eliminate "ns" for email address. "Denis Marier" wrote in message ... I am a little uneasy to buy a used sailboat. I do not know of any mechanism that can tell me if there are any monetary liens against a sailboat. If I buy a boat and pay the seller in full who will prove that I own the boat. The seller may still owe money to the bank that makes the bank the real owner. One of our club member did buy a boat in the US and managed to obtain clearance from the lending institution. This may not always be the case. Many are saying that I may have to hire the service of lawyer to get clear ownership other suggested the service of a broker. In Canada, lawyers are only responsible for what information they have access or made available to them. I would appreciate any comments and suggestions TIA |
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