How to identify and dispose of abandoned sailboat.

JBP-PA

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Apr 29, 2022
670
Jeanneau Tonic 23 Erie, PA
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?
 
Jan 11, 2014
13,223
Sabre 362 113 Fair Haven, NY
There are companies that will do a title search for the documentation.

The club will have to file a mechanics lien for the unpaid storage. Eventually the club will get ownership and can sell or recycle the boat.

Probably best to hire a maritime attorney.
 
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JBP-PA

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Apr 29, 2022
670
Jeanneau Tonic 23 Erie, PA
There are companies that will do a title search for the documentation.

The club will have to file a mechanics lien for the unpaid storage. Eventually the club will get ownership and can sell or recycle the boat.

Probably best to hire a maritime attorney.
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.
 
Nov 8, 2007
1,600
Hunter 27_75-84 Sandusky Harbor Marina, Ohio
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.
 
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Jun 2, 2004
3,587
Hunter 23.5 Fort Walton Yacht Club, Florida
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.
 
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dLj

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Mar 23, 2017
4,598
Belliure 41 Back in the Chesapeake
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.
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
 
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Jan 19, 2010
12,703
Hobie 16 & Rhodes 22 Skeeter Charleston
So you just want to steal a boat and do what you want with it. Sounds like a real solid plan....
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.
 
Jan 11, 2014
13,223
Sabre 362 113 Fair Haven, NY
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.
 
Oct 26, 2010
2,167
Hunter 40.5 Beaufort, SC
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.
 

dLj

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Mar 23, 2017
4,598
Belliure 41 Back in the Chesapeake
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.
Not trying to pick a fight. I was simply putting it in base laymen terms - @smokey73 got my intention, thank you.

The difficulty is that it's a really gnarly problem and should be done correctly. @dlochner has been giving excellent advice.

dj
 

CaptVR

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Nov 17, 2018
22
Macgregor 26X St.Petersburg, Fl.
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.
 

JBP-PA

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Apr 29, 2022
670
Jeanneau Tonic 23 Erie, PA
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
???
We want to do the opposite of steal the boat. We want to legally dispose of it.
 

JBP-PA

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Apr 29, 2022
670
Jeanneau Tonic 23 Erie, PA
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.
Can you describe the process you followed? We are also in Ohio. We are also working with ODNR.
 
Last edited:
Jun 2, 2004
3,587
Hunter 23.5 Fort Walton Yacht Club, Florida
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.
 

JBP-PA

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Apr 29, 2022
670
Jeanneau Tonic 23 Erie, PA
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.
Our attorneys have day jobs, that's why they pawned it off on me to figure out the necessary process is.
 
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Jun 11, 2004
1,821
Oday 31 Redondo Beach
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?
Maybe start here?


 
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Jun 8, 2004
2,973
Catalina 320 Dana Point
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.