Salvage Question
 

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!"

Salvage Question
 

On Wed, 02 May 2007 22:04:42 -0400, 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?

At the risk of being called a jerk, I would say that it you can't find
a registration or id on the boat, it's yours for all intents and
purposes.

Years ago, I found a fiberglass pram style boat sitting alongside the
road - had registration numbers, but the sticker was out of date for
three years.

Went to the registry and they had the following procedure - I had to
send a registered letter to the address listed in the last
registration stating that I had the boat and would the owner like it
back. If not, it was mine.

The letter was returned as undeliverable, the registry said it was
mine.

I would imagine in this case, if the hull doens't have a vin or MSO
number on it, then it's yours - nobody can claim it isn't.

Salvage Question
 

Short Wave Sportfishing wrote:
On Wed, 02 May 2007 22:04:42 -0400, 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?


At the risk of being called a jerk, I would say that it you can't find
a registration or id on the boat, it's yours for all intents and
purposes.

Years ago, I found a fiberglass pram style boat sitting alongside the
road - had registration numbers, but the sticker was out of date for
three years.

Went to the registry and they had the following procedure - I had to
send a registered letter to the address listed in the last
registration stating that I had the boat and would the owner like it
back. If not, it was mine.

The letter was returned as undeliverable, the registry said it was
mine.

I would imagine in this case, if the hull doens't have a vin or MSO
number on it, then it's yours - nobody can claim it isn't.

I wasn't really thinking of the "jerk-factor". Naturally trying to
locate the owner would seem the right thing to do. Then again,
abandoning a boat in such condition in someone else's slip would seem to
have its own "jerk-factor" attached to it.

The reality is I'm really not so much interested in actually claiming
the boat (although I'll take it no one claims it). I guess my question
is more one of curiosity about the nuances of maritime law, which would
not necessarily apply to your situation since it occurred entirely on land.

I think I understand maritime law to essentially say that someone who
successfully salvages a boat that is either facing or has already
suffered imminent doom can lay claim to the boat. I'm just wondering if
this applies to my particular situation, especially since removing the
abandoned boat will require effort and/or expense on my part.

Larry Weiss
"...Ever After!"

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.

Salvage Question
 

Doesn't sound like it is actually in harms way. Maybe abandoned and you
could pursue it that way but if the owner shows up and wants it back you're
sol. I would not believe the situation would allow you to claim salvage
expenses.

"Larry Weiss" wrote in message
...
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!"

Salvage Question
 

I occasionally find boats - and always try to track down the owner, if there
is ANY identifying info. I usually tie them to the nearest dock, leave a
note in the boat (for the dock owner), and try to track down the owner.

One find was a Walker Bay 8' dinghy, almost new, awash on the shoreline,
maybe 1/2 mile from the nearest residence. No markings, painter undamaged.
I towed it home, but didn't get around to reporting it to authorities (there
are no local police, and county sheriff has been extraordinarily unhelpful
with other issues in the past). I put it to use in my little fleet, and
told some acquaintances, and word got back to the owner. Owner was
outraged, thought I had stolen it. Turns out he routinely left it, pulled
up on his dock, not secured - "it always stayed put before". I offered to
bring it back (10 miles by water), but that wasn't good enough... If he'd
put his name or phone number in, he would have had it back the day I found
it...

Sal's Dad

PLEASE write your phone number in a prominent place!

There exists a reasonable possibility that the boat got put there by
whomever
stole it. Trying to register a stolen boat could turn out to be quite a
headache
for you.

To annswer your underlying question: Salvage law requires reporting what
you
salvaged, and having either the property, or a fair price for your efforts
awarded to you in court. It's not as simple as "finders keepers".

CWM