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Catalina/Capri 25/250 Sailor's Forums

General Sailing Forum

Abandon boat

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esailor
Navigator

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USA
118 Posts

Initially Posted - 02/27/2007 : 11:42:06

Hi all I have been hibernating and the itch is here. Looking at spring cleaning and projects soon. Anyway I was talking with my mom the other day and they have 10 docks they rent at their house on the lake. It seems 2 years ago a guy brought his boat (an Oday 25) from Lake Erie and said he wanted to rent a dock from them. A preliminary verbal agreement was reach hands shaken and he left the boat. He never paid any money and never came back. They have left him several voice mails.

I called him before I bought my C25, not identifying my self as the dock renters son, and ask him if he wanted to sell it. Empahtically he said no. Thank God I like my C25 so much better. I then told him he should probably settle up with the dock renters and remove the boat. He said he would but has never called them or responded to their attempts to reach him. I'm curious as to how anybody might proceed.

The trailer and boat are out of registration.

Pete Hagar
Dayton,Ohio
Indian Lake
2770 82/SR/SK/9.9 evinrude

Edited by - on

dlucier
Master Marine Consultant

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Virgin Islands (United Kingdom)
7583 Posts

Response Posted - 02/27/2007 : 11:57:30

From the Ohio DNR...[url="http://ohiodnr.com/watercraft/facts/aband.htm"]FAQ's about Abandoned Boats[/url]

Edited by - on

wmeinert@kconline.com
Past Commodore

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USA
353 Posts

Response Posted - 02/27/2007 : 12:40:41

Sink it, call DNR and have them remove it as an abandened nav hazard!

Edited by - on

esailor
Navigator

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USA
118 Posts

Response Posted - 02/27/2007 : 12:42:52

Perfect, I knew you guys could help.

Thanks,

Edited by - on

esailor
Navigator

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USA
118 Posts

Response Posted - 02/27/2007 : 12:45:59

<blockquote id="quote">quote:<hr height="1" noshade id="quote"> Sink it, call DNR and have them remove it as an abandened nav hazard!<hr height="1" noshade id="quote"></blockquote id="quote">

Can't sink it it is on a trailer. Besides it is a pretty decent boat if 2 years of neglect have not destroyed it.

Good idea though.

Edited by - on

djn
Master Marine Consultant

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USA
1561 Posts

Response Posted - 02/27/2007 : 13:10:39

Hi Pete, since I just sold my boat, I'll come down and take it away. I could use something to sail this summer. Let me know. Cheers.

Edited by - on

djn
Master Marine Consultant

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USA
1561 Posts

Response Posted - 02/27/2007 : 13:13:27

Hi Pete, as a follow, my offer is for real....not just a smiley face thing. I really could use something to sail this summer. Cheers.

Edited by - on

Steve Milby
Past Commodore

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USA
5902 Posts

Response Posted - 02/27/2007 : 13:58:34

Despite his apparent lack of interest in it, the boat still belongs to him. If someone takes it without his consent, it's grand theft, a felony. Even though it might be a tempting way to solve the problem, don't let your mom and dad go to jail.

He owes your parents for back rent, and he has also abandoned the boat. I'd suggest they sue him for the back rent, and either follow the procedure to sell it as an abandoned boat, as Don suggested, or have the attorney attach it and sell it to satisfy the eventual judgment for back rent.

Your parents' attorney should start by sending him a letter demanding immediate payment of the back rent, and informing him that they are also commencing action to sell the boat. The likelihood is that will get his attention.

When they do so, your parents should secure the boat and trailer so that he can't tow it away at night, without first paying the back rent.

He probably won't want to fight the lawsuit. He'll probably want to negotiate a "settlement." If so, the amount should be enough to pay the attorney, compensate your parents for some of their back rent, and the problem will be solved, because he'll end up removing the boat, or perhaps he'll sign the title over to your parents instead of paying the back rent(if that's agreeable with them.).

Good luck!

Edited by - on

Leon Sisson
Master Marine Consultant

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USA
1893 Posts

Response Posted - 02/27/2007 : 14:09:22

Pete & Dennis,

I suggest you consult your (Ohio?) state laws on boat ownership and abandoned vessel disposal. I'm pretty sure that's a state by state thing. Here in Florida, getting legal ownership of an abandoned boat without the most recently registered owner's cooperation is an aggrevating, slow, time consuming can of worms.

And just to hammer home the obvious, any time, effort, and money spent on the boat before having a fresh title in your name can easily end up being wasted.

In this situation, it sounds like the 'owner' can't be relied upon to do what he says he will, or to do the 'right thing'.

-- Leon Sisson

Edited by - on

djn
Master Marine Consultant

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USA
1561 Posts

Response Posted - 02/27/2007 : 14:09:55

Well, darn Steve, that is just to formal a solution. I like my idea better. Cheers.

Edited by - on

esailor
Navigator

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USA
118 Posts

Response Posted - 02/27/2007 : 15:45:34

Thanks guys we'll take it all under advisement and let you know what happens.

Again thanks for the input.

Edited by - on

John Russell
Master Marine Consultant

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USA
3444 Posts

Response Posted - 02/27/2007 : 15:51:20

Just wonder what happens when the cost of dock space rental exceeds the value of the boat. Hint, hint!!!

Edited by - on

glivs
Admiral

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USA
836 Posts

Response Posted - 02/28/2007 : 07:01:19

Pay close attention to the advise offered by Steve and Leon.

Another abandoned story...nearly 30 yrs ago(ouch)I was out for a pre-dawn jog on the beach (TX) when I came upon a mint condition 25-26' sailboat abandoned on its side near low tide. I rushed home to call the CG; they noted it was outside their jurisdiction and suggested I call the Sheriff...short version...all made it emphatically clear that the owner was fully responsible for the boat and was under no obligation to reimburse anyone who made any effort to save it. By nightfall, there was 6" of sand in the cockpit which anchored the boat while the waves slowly ripped the deck from the topsides. The boat layed there for about a week and then disappeared when the state finally intervened.

Edited by - on

DaveR
Master Marine Consultant

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USA
2015 Posts

Response Posted - 02/28/2007 : 07:45:56

It's to bad there wasn't rental agreement. I own a self storage facility in FL and with a proper rental agreement you can auction goods in a timely manner. Good luck!

Edited by - DaveR on 02/28/2007 07:47:55

Dave Bristle
Master Marine Consultant

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Djibouti
10005 Posts

Response Posted - 02/28/2007 : 08:33:42

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by DaveR
 It's (too) bad there wasn't rental agreement...<hr height="1" noshade id="quote"></blockquote id="quote">
Yup! For example, it's likely the boat is no longer insured, and there's nothing in writing (signed) stating that the owner is repsonsible for insurance or any damage or theft. So, if it is storm-damaged, looted, or burns up, it could be your parents' responsibility for the boat and any collateral damage it might cause. But I guess they could deduct the back rent from the judgement against them...

(Perhaps you can tell I used to live in the New York City metropolitan area.

)

Edited by - Dave Bristle on 02/28/2007 08:36:42

dlucier
Master Marine Consultant

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Virgin Islands (United Kingdom)
7583 Posts

Response Posted - 02/28/2007 : 11:27:22

At the boatyard where I winter, the contract states that boats must be removed by May 31st. After that date, any remaining boats are charged .25/ft/day.

Edited by - on

Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 02/28/2007 : 12:44:57

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by John Russell
 Just wonder what happens when the cost of dock space rental exceeds the value of the boat. Hint, hint!!!
<hr height="1" noshade id="quote"></blockquote id="quote">

that is exactly how we picked up ours. The guy defaulted, storage costs were more than the estimate. They went to the judge and got the boat then sold it to us. (I'm sure there is more to it than that but to me that is what happenend)

Edited by - on

Steve Milby
Past Commodore

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USA
5902 Posts

Response Posted - 02/28/2007 : 12:56:28

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Duane Wolff
 that is exactly how we picked up ours. The guy defaulted, storage costs were more than the estimate. They went to the judge and got the boat then sold it to us. (I'm sure there is more to it than that but to me that is what happenend)
<hr height="1" noshade id="quote"></blockquote id="quote">It sounds very complicated, but it usually isn't. As Duane said, usually the owner negotiates a settlement, knowing he's going to lose anyway, and everyone signs some papers, and the problem goes away. Sometimes one letter from a lawyer can move a mountain.

Edited by - Steve Milby on 02/28/2007 12:57:53

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