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Old 05-08-2012, 19:06   #1
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Question Just A question.

We all want to retire and buy a piece of an island in the tropics and that what we did. (well we're not retired but...)

I am located in the Caribbean and recently completed the installation of a dock on a piece of water front raw property in a canal system, we purchased as a home base for the YOT. ( that's not TOY spelled backward..crikey it is!)

I know my dock system is not designed or built to hold our vessel during a hurricane and I have prearranged a safe hurricane tie off else where, other than our dock.

It has been, from what I am told, not uncommon for other vessels to tie to any dock or mooring they think might be safe. I have friends that had their dock removed by a vessel tied to it during a storm, and didn't know about it till their return to the island, and were stuck with the repair costs.

My question: Could I claim salvage on an unauthorized vessel that attached itself to my dock?

Don't get me wrong, we are all is the same boat so to speak during a storm, and I want EVERYONE AND THEIR PROPERTY to be safe, and I will do everything I can do to help, but I still have to safe guard my investment.

Just throwing this out, as we are in a new situation and want to hear some thoughts.

Thank you in advance for your replies

Regards
Caribsailors
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Old 05-08-2012, 21:45   #2
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Re: Just A question.

How about marking the Dock - "Private Property - No Docking."?

It's not much but you really can't defend against stupid.
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Old 05-08-2012, 22:06   #3
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Re: Just A question.

Might add Patroled by Armed Security on the sign, probly won't make bit of difference. but it will make their stay a little more stressfull !! LOL
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Old 05-08-2012, 22:10   #4
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Re: Just A question.

This sounds like a legal question, but we don't know what country or legal system the OP's dock is located in, and we don't know the OP's legal status there.
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Old 05-08-2012, 22:19   #5
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Re: Just A question.

The salvage laws are complex and vary from country to country. Claiming title to anothers vessel is not as easy as one might expect.
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Old 08-08-2012, 08:39   #6
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Re: Just A question.

Thank you all for your input.

It is a British Overseas Territory/Dependent if that make any difference.

Cheers
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Old 08-08-2012, 10:17   #7
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Re: Just A question.

I would start with making 100% sure that your dock is legal. Many legal systems require a separate and explicit authorisation of relevant local authorities to put anything (dock, mooring, etc.) into the waters adjacent to a waterside property.

To know the exact legal situation of 'what happens if' best consult a local lawyer experienced in this specific field. They will tell you the actual risks and limitations and they be able to advise you on the best steps to limit your exposure.

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Old 08-08-2012, 12:39   #8
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Re: Just A question.

A sign is a good idea. Maybe one that says why YOUR boat isn't there during a hurricane might deter others. "This dock can't even handle my dinghy in more than 5 knots of wind..."
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Old 08-08-2012, 14:58   #9
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Quote:
Originally Posted by Caribsailors
Thank you all for your input.

It is a British Overseas Territory/Dependent if that make any difference.

Cheers
Is the waterline/seabottom, or area between the coast out to the economic zone boundary owned by the Crown Estate in BOTs just like it is in the UK?
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Old 08-08-2012, 15:51   #10
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Re: Just A question.

Quote:
Originally Posted by Stu Jackson View Post
A sign is a good idea. Maybe one that says why YOUR boat isn't there during a hurricane might deter others. "This dock can't even handle my dinghy in more than 5 knots of wind..."
+1!

Make a PERMANENT sign (e.g. painted on). Take a picture. If any moron ties to your dock and makes damage, you sue them. If they do not have insurance, you are busted anyways!

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