At our club, we have a 43ft aluminum sailboat that had been abandoned for years. No local knowledge is helpful. We have found the documentation number, but it does not include owner nor lien holders that I could find. Did anyone have any tips on how to legally get rid of this boat?
How to identify and dispose of abandoned sailboat.
- Thread starter JBP-PA
- Start date
We've got lots of attorneys, any tip on who to contact?
We are not concerned with unpaid storage, we just want to hire a scrapyard to haul the thing away.
You do need to be concerned with obtaining the legal right to junk the boat. Something like the process described by D. Lochner. Our marina has figured out how to do this with abandoned boats in Ohio. But the process involves the courts, and can take substantial time even when carefully followed.
We know of a marina in NC that failed to follow this process and ended up charged with theft of the boat.
We know of a marina in NC that failed to follow this process and ended up charged with theft of the boat.
If it was Documented with the Coast Guard and not titled with the state you are going to be dealing with the feds.
Our club has three boats in a similar situation we are dealing with. There is a process to follow. It is not so complicated lawyers need to be hired but it is a bureaucratic process, there are steps and time restraints between the steps.
Our club has three boats in a similar situation we are dealing with. There is a process to follow. It is not so complicated lawyers need to be hired but it is a bureaucratic process, there are steps and time restraints between the steps.
So you just want to steal a boat and do what you want with it. Sounds like a real solid plan....
If none of the "lots of attorneys" know the answer to that question - they are not maritime lawyers. Get a maritime lawyer. It's easy to know - they will be able to tell you the step by step process you need to use. If the attorney you are talking to can't tell you that, move onto the next one until you find one that knows.
Of course, you could just go with plan A and see if you get away with stealing the boat...
dj
You are correct that there is a legally proper way of handling an abandoned boat, and the OP is on here asking about that process so I have to ask….
Why are you picking a fight?
Someone walked away from their boat. Left the mess for someone else to deal with. That does not make the original owner the VICTIM.
The only maritime lawyer I know of is Todd Lochner (no relation) in Annapolis. He is pretty friendly to the recreational boaters and does presentations at the Annapolis Boat Shows. Lawyers usually give the first consultation for free.
For what it's worth, I don't think he's "trying to pick a fight." It is more of a "let us summarize what you want to do here" tongue in cheek without all the legal mumbo jumbo that has already been mentioned by everyone else. As David pointed out without doing it the right way the club could be taken to court for unlawfully seizing the asset (i.e. theft) and disposing of it. God forbid that the aluminum value exceeded the disposal fee and the club actually made money. Don't think for a moment someone wouldn't come after you and probably with just cause.
The person may not have abandon it, he may have died. It then would be the property of an inheritance and that
person not know of its existence. You destroy it without a court order, you could be drug into court and have to pay for it's last evaluation. Best get an attorney.
person not know of its existence. You destroy it without a court order, you could be drug into court and have to pay for it's last evaluation. Best get an attorney.
Can you describe the process you followed? We are also in Ohio. We are also working with ODNR.
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58 Pa. Code § 93.17. Registration of abandoned boats.
Searching on the inter web for "claiming abandoned vessel process in Pennsylvania" took about a minute and a half. It is a bureaucratic process no need to pay a lawyer to wind your way through the process. Money spent on box of candy or doughnuts for the nice lady who's has been working in the tax office, DMV, or whoever handles vessel registrations would go much further.
If the vessel is documented it is a different process going through the Coast Guard
Once your club obtains the title or the documentation on the boat they will be free to do with of the boat whatever they wish.
It would be prudent to have insurance on the hull for liability, salvage, and pollution mitigation that would be in effect the moment ownership is transferred to the club.
Searching on the inter web for "claiming abandoned vessel process in Pennsylvania" took about a minute and a half. It is a bureaucratic process no need to pay a lawyer to wind your way through the process. Money spent on box of candy or doughnuts for the nice lady who's has been working in the tax office, DMV, or whoever handles vessel registrations would go much further.
If the vessel is documented it is a different process going through the Coast Guard
Once your club obtains the title or the documentation on the boat they will be free to do with of the boat whatever they wish.
It would be prudent to have insurance on the hull for liability, salvage, and pollution mitigation that would be in effect the moment ownership is transferred to the club.
Our attorneys have day jobs, that's why they pawned it off on me to figure out the necessary process is.
I'm not a lawyer but I've been sued. Most county BAR associations have a lawyer referral system whereby you can consult an attorney for a minimal fee like $50 for 30 minutes. You might try giving them a call.
This should not be a particularly difficult process. Marinas everywhere are stuck with abandoned boats. There will be hoops to jump through, but shouldn't be all that difficult.
Since the OP is in Ohio (at least I think that's where) this may be the better link from that website.
dj
dj