anybody have experience taking over an abandoned vessel?

[gruff511]

Havent had much luck searching online and not sure who to go to but this guy bought a boat from my father years ago and left it at his dock. Weve tried contacting the guy multiple times to come get it and no response. Now my father is moving and we cant leave the boat sitting at the dock.
I want to take ownership of the boat but dont have the title. Does anyone know the steps it would take to take over the abandoned boat and get it registered in my name?
I figured id try asking on here since this the only board im on.
Any info is appreciated. Thanks!

[boscoe99]

Call the authorities and ask them to take the boat away.

It is not yours. Why do you think that you have a right to another mans property?

[gruff511]

Okay well long story short. The guy gave my father a down payment of $1000 for the boat and never paid him the rest, also he was supposed to pay for dock rental to leave the boat there till he picked it up. Its been about 5 years now. My father has contacted him to pick it up but he still wont come even after talking to him.
And ive heard of people recovering abandoned boats before so im trying to figure out what the process is.

[Reel Kahuna]

Put a lien on the boat for the balance of the sale that includes dock fees.

[gruff511]

Put a lien on the boat for the balance of the sale that includes dock fees.

My father said his attorney filled a lien on it and sent it to the guy about 2 years ago. And the guy denied it and wont pay. So his attorney said its clear the guy doesnt want the boat so the next step would be to file it as abandoned

[gruff511]

Okay so i found out that this isnt something i can do on my own. A maritime lawyer would need to be hired to handle the case

[99yam40]

The boat title should still be in your fathers name as the guy never paid for it,so he should not have given the title over.

have Your Dad apply for a lost title and see how that goes

[ausnoelm]

This sort of thing comes up all the time, as far as the law goes, the boat is not abandoned, just because it isn't used, or likely to be used, lots of old boats left on river banks and at anchor that people want to "salvage" but, it's not quite so clear cut.

[gruff511]

I understand. Well the guy was my dads friend at the time so he trusted him and signed the title over to him but he has a record that he didnt pay my dad in full.
I guess ill be getting an attorney to handle this.

[99yam40]

There is a chance he never filed the paper work to have the title transferred into his name if he did not do much else in this deal

[TownsendsFJR1300]

Will the guy simply give you the title back and be done with it (as he doesn't want it)?

If he does and lost the title, simply apply for a new title as the old one was lost.

If it was registered, have the guy sign it back over to your dad and proceed..

Once title is legally in hand, sell it, etc...

[gruff511]

I wish it was that easy. He transferred the title when he first got it. But he will no longer talk to my dad, i will try and get an attorney to contact him and see if he will sign it back over but i doubt he will.

[FabricGATOR]

It sounds like you have a claim for unpaid storage (dockage) and then the unpaid balance for the original purchase. What is the boat and motor, Is it worth anything? It has not been moved, used, or run in the last 5 years... It must be halfway descent if you feel paying an atty will be worth the while.

Like Reel Kahuna said, File a lien. The lien alone should total over $10K for five storage years in Miami. That is unless it is an 8' Atlantic Dingy with with a 4hp kicker

[TownsendsFJR1300]

Run by him (or send a certified letter) what FabricGATOR posted above and see what he says..(Excellent idea).

Reading it in black white and I know I'd reconsider my position..

[gruff511]

It sounds like you have a claim for unpaid storage (dockage) and then the unpaid balance for the original purchase. What is the boat and motor, Is it worth anything? It has not been moved, used, or run in the last 5 years... It must be halfway descent if you feel paying an atty will be worth the while.

Like Reel Kahuna said, File a lien. The lien alone should total over $10K for five storage years in Miami. That is unless it is an 8' Atlantic Dingy with with a 4hp kicker

Yes and my dad is moving and we had to put the boat on a trailer, we have to remove it from the house and my father says i can have it. This is why im trying to get information on how i would go about getting the boat back.
Ive always liked the boat i believe its a 1990 23' dusky cc with t-top it has a 2004 yamaha 150 2stroke on it. And its in great condition.