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Old 04-09-2017, 09:34   #1
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Post hurricane adrift boats?

A thought has been nagging at me. If a boat breaks free and goes adrift during a hurricane can just anyone come along and claim salvage rights on it?
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Old 04-09-2017, 12:44   #2
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Re: Post hurricane adrift boats?

I would personally consider that theft.
It it were financed then the security holder would argue theft. Also keen to hear the forums thoughts here. I wonder if it makes a difference wether the boat is registered under a flag or not ?
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Old 04-09-2017, 13:03   #3
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Re: Post hurricane adrift boats?

http://www.wavetrain.net/techniques-...abandoned-boat
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Old 04-09-2017, 13:57   #4
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Re: Post hurricane adrift boats?

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Originally Posted by Pushingporpoise View Post
I would personally consider that theft.
It it were financed then the security holder would argue theft. Also keen to hear the forums thoughts here. I wonder if it makes a difference wether the boat is registered under a flag or not ?
If my boat and its contents are in peril and you at your effort and expense save my boat and its possessions, I feel compensating you (or my insurance company compensating you) for your efforts is not theft.

As I understand it part of the rationale behind salvage law was to encourage boats and their contents be saved by salvors and returned to their rightful owners rather than be lost or stolen.
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Old 05-09-2017, 05:06   #5
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Re: Post hurricane adrift boats?

Just because you find a boat adrift, that doesn't automatically make it YOUR boat. Salvage rights work more like a mechanics lien. You still have to try to find the rightful owner -- otherwise you are just stealing the boat. You then can claim compensation for the effort you put into salvaging the vessel. The compensation you are entitled to is usually much less than the total value of the boat.

Despite the fact that many people seem to believe that it does, "salvage rights" does not mean "finders keepers."
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Old 05-09-2017, 06:10   #6
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Re: Post hurricane adrift boats?

outrageous fees generally make it so....
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Old 05-09-2017, 07:00   #7
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Re: Post hurricane adrift boats?

Greetings and welcome aboard the CF, Pushingporpoise.
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Old 05-09-2017, 07:12   #8
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Re: Post hurricane adrift boats?

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outrageous fees generally make it so....
Really? have you got some examples for us?

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Old 05-09-2017, 08:34   #9
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Re: Post hurricane adrift boats?

Let's presume it was your yacht. What would you wish the answer to be?
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Old 05-09-2017, 10:52   #10
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Re: Post hurricane adrift boats?

For me, unless you're a professional, this is a time to be a good Samaritan & not seek to profit off of another's loss.
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Old 05-09-2017, 11:04   #11
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Re: Post hurricane adrift boats?

Over 99% of the boats will not be just floating around after a hurricane.
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Old 05-09-2017, 11:09   #12
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Re: Post hurricane adrift boats?

Articles I have read on this touches on many issues involving many potential situations. From what I've read, salvage is as much a safety issue as it is a greed issue.
I would hope under the circumstances of a storm there are some very specific criteria for salvage and compensation for proven work above and beyond a tow would need to be taken care of by insurance and their experts to declare a total to allow salvage. If there is no insurance the only expert is the salvager. And then the greed on both sides of the disputed salvaged.
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Old 05-09-2017, 12:26   #13
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Re: Post hurricane adrift boats?

Quote:
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Really? have you got some examples for us?

Pete

Exact no, but $5,000 tow bills are not unheard of as a general rule. I am sure this also depends on location and I suspect South Texas to be not much of an issue,most would just help. For me, as another said, I would just try to secure and find the owner and turn it over. There was a story some time back about a salvager who was called to help tow a boat or something then got on board and demanded several thousand to give it back. I will see if I can locate.....
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Old 05-09-2017, 13:01   #14
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Re: Post hurricane adrift boats?

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Originally Posted by nautical62 View Post
If my boat and its contents are in peril and you at your effort and expense save my boat and its possessions, I feel compensating you (or my insurance company compensating you) for your efforts is not theft.

As I understand it part of the rationale behind salvage law was to encourage boats and their contents be saved by salvors and returned to their rightful owners rather than be lost or stolen.
A number of years ago a new small ship lost it's power off Lands end Cornwall. There was a seagoing tug in the area and they offered a tow but the skipper had to contact the owners in order to agree a price. By the time this had been done she was on the rocks. The Pennlee life boat went out to help but was unable. The vessel went down as did the life boat with all hands (I think).
If I was offered help I would grab it with both hands and let the insurance companies sort it out!
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Old 05-09-2017, 13:17   #15
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Re: Post hurricane adrift boats?

Salvage and salvage awards are very subjective. A salvage award is based on the risk and efforts involved in the salvage. Little effort, but attaching a tow line and towing to a local marina, you will be paid for the towage.

Dragging one off a beach, patching up a holed vessel and getting it safely to a yard for haul out is another much greater award.

Salvage is an arbitration award, based on risks, amount of efforts, and cost of salvor to save, but only awards usually provided are for successful salvage.

Salvage does not immediately transfer to ownership, unless the wreck has been abandoned and rejected ownership has occurred.
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