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Old 04-04-2012, 04:28   #31
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Re: Salvage Rights

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Originally Posted by Adelie View Post
Abby Sunderland's boat, 'Wild Eyes' comes to mind.

Opps, I just threw a grenade onto this thread.
international waters, you get to keep it. tow it into the u.s. and you have a right for towing fees and other expenses, which for all practical purposes would be more than the boat is worth salvage wise. plus if the insurance co has paid on the boat loss, they would most likely be the owners of record. you settle with them. personally i would take the money rather than the boat. most folks would probably just ramsack the boat, strip it, and then let it sink. unless there are bodies. then you have to beware of exploding corpses.
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Old 04-04-2012, 06:04   #32
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Originally Posted by reed1v

international waters, you get to keep it. tow it into the u.s. and you have a right for towing fees and other expenses, which for all practical purposes would be more than the boat is worth salvage wise. plus if the insurance co has paid on the boat loss, they would most likely be the owners of record. you settle with them. personally i would take the money rather than the boat. most folks would probably just ramsack the boat, strip it, and then let it sink. unless there are bodies. then you have to beware of exploding corpses.
You do not get to keep it, it has an owner. You are entitled to be rewarded for your efforts. in doing so a court will decide what your reward is based on a number of issues )

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Old 04-04-2012, 17:48   #33
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Re: Salvage Rights

you would have no salvage claim. rescuing crew does not constitute salvage. However, if the skipper abandoned the vessel in the state the picture depicted, the person who weighed down the mast and un-grounded the vessel or used some beach tackle would have a claim, and I do mean "claim." Salvage never conveys title of a vessel, it does through a court adjudication, entitle the salvor to a percentage of the vessels value, a lien in other words. The owner of the vessel could relinquish title to satisfy the lien. But the insurance or mortgage holder would pay up before that happened. A lien can be placed on a vessel in the US at a county court house. Chances are you may get arrested for grand theft as not many cops are aware of salvage law. it is a very ify thing to say the least. best way is to have the skipper sign a contract before begining a rescue tow or salvage operation.
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Old 04-04-2012, 19:10   #34
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Re: Salvage Rights

YOU DO NOT KEEP IT!!! And Dave is ALMOST right regarding expense recovery in his above post.

About a month ago, a salvage of over $500 million dollars (seventeen tons in silver and gold) was returned to Spain. The treasure was retrieved by Odyssey Marine Exploration from Florida. Our courts ORDERED the return of that treasure with ZERO restitution to the salvage firm for their expenses.

Deep Sea Firm Ordered to Return Treasure to Spain

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Old 04-04-2012, 19:28   #35
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Re: Salvage Rights

Under Admiralty Law you have a right to a salvage claim, but in order to enforce it you have to go to court... You can usually claim about 50% of the vessel's value. This is genreal law, but the circumstances of the vessel's actual peril come into play... A good web page for this is at:

Marine Salvage & Recreational Boaters: Modern Concepts & Misconceptions - Introduction
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Old 09-05-2012, 11:29   #36
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Re: Salvage Rights

I do know of one case here in marathon,fl of a sailboat pulling anchor just outside of boot key harbor.the boat was heading out to sea at this point. The owner said he could not afford to have it towed back in. While an opportunistic local towed it back in and claimed the boat. I do know that the local still has the boat. I do not know if the former owner protested this at all.
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Old 10-05-2012, 17:39   #37
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Re: Salvage Rights

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Originally Posted by foggysail View Post
YOU DO NOT KEEP IT!!! And Dave is ALMOST right regarding expense recovery in his above post.

About a month ago, a salvage of over $500 million dollars (seventeen tons in silver and gold) was returned to Spain. The treasure was retrieved by Odyssey Marine Exploration from Florida. Our courts ORDERED the return of that treasure with ZERO restitution to the salvage firm for their expenses.

Deep Sea Firm Ordered to Return Treasure to Spain

Foggy
Wow, did they get screwed and Spain collected a treasure that never belonged to it in the first place. 72% of the coins aboard belonged to private merchants!

http://www.shipwreck.net/blackswan.php
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Old 10-05-2012, 18:29   #38
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Spain argued it compensated the merchants and hence it's due the money. Whatever claims Spain had. Oddeessy certainly hadn't any. it's not finders keepers.

Dave
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Old 10-05-2012, 20:00   #39
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Re: Salvage Rights

When I had to pursue a vessel for Non-payment to the Carribean....this site was very helpful Tetley's maritime and admiralty law | Tetley's maritime & admiralty law - McGill University

BTW I did get paid
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Old 17-05-2012, 20:35   #40
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Re: Salvage Rights

Is the boat deemed a hazard to navigation in your and others opinion?And is documented on video.
If you move said hazard to a safe place your allowed up to 110% of the vessels worth.Saw it happen on lake Erie when a storm came through and power boats broke loose.
My experience
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Old 17-05-2012, 20:38   #41
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Re: Salvage Rights

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Wow, did they get screwed and Spain collected a treasure that never belonged to it in the first place. 72% of the coins aboard belonged to private merchants!

Black Swan - Project Overview
That was a miltary vessel.
There are no salvage rights on a military vessel.Someone did not do there homework and paid alot of bucks to recover SPAINS military property.
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Old 17-05-2012, 20:49   #42
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Re: Salvage Rights

Some newbie sailors pulled into port, could barely figure out how to anchor, put their dingy down, dropped the motor to the bottom. A experienced captain says to them you want me to get that motor? yes they said, so he did drained the water out got it running and said to them you may now buy your engine back for 1200, they protested saying it was not his engine, he said it was salvage, they paid the next morning, true story from my crew who was on the boat.
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Old 17-05-2012, 20:57   #43
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Originally Posted by macpowell
Some newbie sailors pulled into port, could barely figure out how to anchor, put their dingy down, dropped the motor to the bottom. A experienced captain says to them you want me to get that motor? yes they said, so he did drained the water out got it running and said to them you may now buy your engine back for 1200, they protested saying it was not his engine, he said it was salvage, they paid the next morning, true story from my crew who was on the boat.
I would have just kicked the crap out of the "captain". That's not salvage that's stealing and extortion.
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Old 18-05-2012, 09:22   #44
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Originally Posted by macpowell
Some newbie sailors pulled into port, could barely figure out how to anchor, put their dingy down, dropped the motor to the bottom. A experienced captain says to them you want me to get that motor? yes they said, so he did drained the water out got it running and said to them you may now buy your engine back for 1200, they protested saying it was not his engine, he said it was salvage, they paid the next morning, true story from my crew who was on the boat.
Stuff like this is why I always suspect that the stranger I meet who is trying to help me is actually waiting for the right moment to screw me over. Very unethical.
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Old 21-05-2012, 13:53   #45
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Re: Salvage Rights

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Stuff like this is why I always suspect that the stranger I meet who is trying to help me is actually waiting for the right moment to screw me over. Very unethical.
yeah, not much better than pirates.
The do unto others golden rule is not to get some one else's gold or goods.

Christianity even teaches to do good to others without expectations of getting repaid and then God will reward you.
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