Squatting at dock

[boatman61]

Another option..
Estimate what is owed by now.. evaluate such things as winches, electronics, sails etc and remove that value from the boat and hold in your garage..
Then set the boat free.. don't have to touch the lines.. just dribble concentrated bleach along them and let nature take it course.

[CSY Man]

Had that a few times.
A guy refused to pay me dock rent after a few months.
Called him up and Said I would start to remove pieces and sell on eBay to cover the rent.
Next morning there was a FedEx envelope at my door with the full amount.
Have it towed, find a piece of abandoned sea wall or a city dock and tie it up there.
All it takes is a friend with a power boat and $20 worth of gas.

[denverd0n]

Originally Posted by weavis

Really? then there is whole mess of involvement of the dock owner assuming responsibility...

What whole mess? Dock owner isn't assuming any responsibility.

Once again, this is just the same as if someone left their car in your driveway. Would you push it out into the street and leave it there to create problems for your neighbors and everyone trying to drive by? No. I mean, DUH! Of course you wouldn't! What you would do is call a tow truck to take it away.

This is exactly the same. Only difference is that on the water you call a salvage company, instead of a tow truck.

Amazing how complicated some people want to make a really simple situation.

[a64pilot]

I'd want to talk to a Lawyer, to ensure that by moving it, I wasn't accepting liability for the thing. Because I think you may be.
Use your car in the driveway for example, I don't think I can just take off the emergency brake and watch it roll downhill, into a ditch. I think I have to take reasonable care to make sure it's not damaged.

[Stu Jackson]

Good point.

So? Take lotsa "before" pictures. LOTS. Both sides of the boat, too.

[CSY Man]

. What whole mess? Dock owner isn't assuming any responsibility.

Dock owners have very little if any responsibility unless they agree to, in writing to prep for hurricanes and to maintain the boat, etc. (In writing and for a lot of extra money)

It is tempting to push the boat off and let it float away, but a bad idea: Then the dock owner becomes responsible for a lot of extra stuff.
Pay some kids on a jet-ski, with cash, to tow it away and tie it up to a public dock. Then the Government can deal with the dead-beat and they have more tools and stronger hands than some little old lady who tries to rent her dock for a little extra money on the side.
I have rented docks for 12 years and had very little problems but I usually make it crystal clear: You f... with me and I will f... with your boat.
(It helps a lot to be the tough guy)

Most of the time I rent to Yacht Brokers who has a contract with the owner, and a slush fund to pay bills. (And I make extra money maintaing boats and prepping for hurricanes/cold fronts, etc)

[CSY Man]

. I'd want to talk to a Lawyer, to ensure that by moving it, I wasn't accepting liability for the thing. Because I think you may be.

Never admit you moved the boat. (Some kids towed it away in the middle of the night, not my problem, not my boat, nor am I being paid for keeping it here)
Not that the dead-beat has anything to complain about in the first place, he can always report it stolen.

If you really want the rent money, hire a diver and remove the prop, then the owner can not sneak in and take it away himself.
(Won't work if the boat is a POS or a derelict.)

Let me know if I can be of any help, PM.

[CSY Man]

And more more thing.
When you rent out the dock, make sure the owner or his captain ties up the dock lines and activate automatic Bilge pumps, etc.
In that way the dock owner has nothing to do with it if the boat breaks loose and floats away in a storm.
I also specify in the lease that the boat owner is responsible for any damage to my dock, and his liability insurance should cover it, if insured.

Also, get a security deposit.
Looks like the dock owner mentioned at the beginning of this thread did not do any of the above and she is now stuck with a problem..

[denverd0n]

Originally Posted by a64pilot

Use your car in the driveway for example, I don't think I can just take off the emergency brake and watch it roll downhill, into a ditch. I think I have to take reasonable care to make sure it's not damaged.

So you call a tow truck and let the professionals, who deal with this sort of thing all the time, take care of it.

On the water, instead of "tow truck" the words we user are "salvage company."

Yeah, it really is that simple.

(I really do not get why people are trying to make this so complicated!)

[CSY Man]

True enough, a towing or a salvage company will tow the boat if they get paid for it.
The question is: Who will pay...?

[valhalla360]

Originally Posted by ChrisTinaBruce

He promised to sign a contract soon. Since he did not sign a contract then he is trespassing.

Sorry but when the OP says she's a trusting soul, that tells me she isn't likely to lie about what really happened.

She was there and agreed to let him dock in exchange for a price. She then let him dock. Failure to make him sign the contract before docking is her mistake. Claiming it's tresspassing is out as an option. It's now a contractual tenant/landlord issue and the rules favor the tenant.

You can get it removed but it's going to cost her money and hassle.

It's fun to talk about cutting the dock lines or having kids tow it away in the night but these open her up to way bigger problems if anything goes wrong.

I would suggest talking to a tow company first to see if they will take it off her hands and pursue it from there. Even if she has to pay a few hundred, it's likely to be well worth it. If they don't bite, it's time to talk to a lawyer.

[CSY Man]

Minimum towing charge around here is $425.
Had boats towed many times. (Not for up-paid bills however)
As for fun to talk about kids towing it away:
When the boat owner refuse to pay dock rent, the gloves are off.
Pretty simple, the owner choose to be an arsehole and he deserves whatever.
Not a legal matter in my book, just a simple solution having somebody move the boat at night.
It helps of course if the dock owner is out of town that day/night.
I would have no scruples doing whatever to get back at the jerk.
If you have moral concerns, don't do it, but this is not a legal game anymore if somebody is stealing space on your property. Get read of the problem and let him suffer.
If a loyal boat owner got in financial trouble however, I would bend over backwards for him.
If not: Jerk-be-gone...

[denverd0n]

Originally Posted by CSY Man

True enough, a towing or a salvage company will tow the boat if they get paid for it.
The question is: Who will pay...?

If you were to called a tow truck to get a car out of your driveway, who would pay? The answer is the same.

Salvage companies deal with this sort of thing all the time. That's their business!

Just like with the tow truck company, the salvage company will either charge the owner (if he wants the boat) or they will get their money back by salvaging it. He has abandoned the boat. It can now be salvaged and sold, or scrapped. There are very few boats, just like there are very few cars, that are not worth more (either as scrap, or resold) than the cost of a tow. That is why companies are in this business.

Seriously people! Why are you trying to make this so hard? There are companies out there that are in the business, every day, of dealing with situations like this. That's what they do! That's what a salvage company is all about.

[valhalla360]

Originally Posted by denverd0n

If you were to called a tow truck to get a car out of your driveway, who would pay? The answer is the same.

Salvage companies deal with this sort of thing all the time. That's their business!

Just like with the tow truck company, the salvage company will either charge the owner (if he wants the boat) or they will get their money back by salvaging it. He has abandoned the boat. It can now be salvaged and sold, or scrapped. There are very few boats, just like there are very few cars, that are not worth more (either as scrap, or resold) than the cost of a tow. That is why companies are in this business.

Seriously people! Why are you trying to make this so hard? There are companies out there that are in the business, every day, of dealing with situations like this. That's what they do! That's what a salvage company is all about.

There are a lot of old boats that cost more to dispose of than you can get in scrap value. Florida wouldn't have a derelick boat problem if they were all worth the cost of scraping them. Salvers would be snatching them up as soon as they sink.

Also, tied up to a dock where the dock owner allowed it, is not a salvage situation. If a salvage company hauls it off, the salvage company will have to store it safely until such time as they can attain legal ownership, along with the cost of attaining legal ownership.

To take your car in the driveway analogy, a tow company is going to want you to pay for the tow and sign an agreement to pay for storage and they are likely to be smart enough to want a deposit and first months storage. They don't get to just pick up cars and sell them. They have to prove that it was abandoned. Otherwise what would stop them from picking up any car they like and claiming it was abandoned?

No one is trying to make it more complicated than it is. It is that complicated.

[zboss]

I think the verbal contract said that the boat owner was donating the boat to the owner of the dock. I guess you should file for ownership.