Marina Dock Age, November 2001

Solving the Abandoned Boat Problem
by Ron Brazda

Any marina owner who has ever had to contend with the disposal of a boat that has been abandoned on the premises knows what a monumental headache it can be. More than taking up valuable space, the boat, if left to deteriorate, can become an eyesore and a wellspring of pollutants, such as leaking battery acid, fuel, oil, chemical preservatives, and lead from paint.  

In most places, the marina is within its rights, under mechanics’ lien law, to obtain a lien against an unclaimed boat for unpaid storage and repair charges, and then, if the owner fails to pay up, have the boat auctioned off at public sale for restitution. Also, leaving a boat in a wrecked, junked, or substantially dismantled condition where it poses a threat to navigation, is punishable under federal and state laws by fine or imprisonment.

Of course, it is harder on the marina if the owner of an abandoned boat cannot be located and held responsible for removing it from the premises. Some vessels are stripped of numbers or personal belongings that might help identify the owner.

The best advice is to check with local authorities first. If local officials do not know who owns the boat, try the state boating agency. There may be a state law covering the situation. According to the National Association of State Boating Law Administrators, at least 32 states have titling laws documenting legal ownership. In addition, eight states require outboard motors to be titled.

Take Ohio for example: Under the Ohio Revised Code 4585.31 through 4585.34, the marina’s rights in the case of abandoned boats and outboard motors are clearly spelled out.  

First, the marina must apply for a title search on the boat or outboard motor at the state Division of Watercraft to find out the name and address of its owner and to search for any lien or mortgage by a previous creditor. The fee for the title search is nominal ($2).  

Second, upon receiving the results of the title search, the marina must send a notice to remove the boat or motor to the last known address of the owner. Such notice must be via certified mail (return receipt requested). If there is a lien-holder or mortgagee, the marina must send notice to them as well, about where the boat or motor is located and any maintenance or repair charges due, including parts, labor, dockage, or storage charges. If previous creditors, so notified, fail to assert their rights within 45 days, their claim is invalid. However, they may still claim funds from the subsequent auction sale of the abandoned boat or motor.

Third, if the boat or motor is still unredeemed 45 days after return receipts are recovered, the marina needs to obtain written confirmation of the fair market value.  

Fourth, if the property is valued at less than $10,000 and has been left for six months without permission of the marina, the marina owner may have the boat or motor sold to the highest bidder at an advertised public auction. The marina is entitled to recoup any money for expenses in connection with the cost of the removal and sale of the abandoned boat or motor as well as for unpaid maintenance or repair charges, cost of parts or labor, dockage or storage fees. Continue »