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Old 30-06-2015, 20:24   #1
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Boat Slip

If the boat is in one persons name and the slip is in another persons name; is the marina still able to put a lien on the boat if the slip fees are behind on payment?

Had this lovely surprise come up on us today! This is what you get for trying to join with friends.


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Old 30-06-2015, 20:46   #2
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Re: Boat Slip

I think in most venues the answer will be "yes".

Venue is significant, where is the boat?

And as always...the contract is important...what's it say and who signed it?
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Old 30-06-2015, 20:54   #3
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Re: Boat Slip

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Originally Posted by belizesailor View Post
I think in most venues the answer will be "yes".

Venue is significant, where is the boat?

And as always...the contract is important...what's it say and who signed it?

I'll have to look into it more but the friend signed the contract with the marina. I wasn't here when my husband and him got the boat. It's located in Hampton Virginia.


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Old 30-06-2015, 21:02   #4
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Re: Boat Slip

In Virginia the law doesn't mention boat owner, contract signer, or anything similar. It simply says that a marina that supplies space for a boat has a lien on the boat (because it is not mentioned, that means without regard to owner, contract signer, etc. - if the boat received the benefit of the slip then the marina has a lien).

Quote:
43-32. Lien of keeper of livery stable, marina, etc.

A. Every keeper of a livery stable, hangar, tie-down, or marina, and every person pasturing or keeping any horses or other animals, boats, aircraft, or harness, shall have a lien upon such horses and other animals, boats, aircraft, and harness, for the amount which may be due him for the towing, storage, recovery, keeping, supporting, and care thereof, until such amount is paid.
You might have an argument if the boat was stolen and you weren't aware it was stored in that particular marina, but short of that...
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Old 01-07-2015, 05:54   #5
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Re: Boat Slip

Was the boat legitimately in the slip (as in it was on the contract for the slip)?
- Assuming yes, then yes, they should be able to put a lien on it as you aren't up to date on your payments.
- If no, then you were presuambly illegally occupying the slip and they can put a lien on it for stealing services.

Bottom line, your problem is with your friend not the marina. You are best off paying it and then deciding what to do with your friend.
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Old 01-07-2015, 07:11   #6
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Re: Boat Slip

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Originally Posted by valhalla360 View Post
Was the boat legitimately in the slip (as in it was on the contract for the slip)?
- Assuming yes, then yes, they should be able to put a lien on it as you aren't up to date on your payments.
- If no, then you were presuambly illegally occupying the slip and they can put a lien on it for stealing services.

Bottom line, your problem is with your friend not the marina. You are best off paying it and then deciding what to do with your friend.

Ugh!!!! I was afraid of this. 😤


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Old 01-07-2015, 10:38   #7
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Re: Boat Slip

Quote:
Originally Posted by valhalla360 View Post
Was the boat legitimately in the slip (as in it was on the contract for the slip)?
- Assuming yes, then yes, they should be able to put a lien on it as you aren't up to date on your payments.
- If no, then you were presuambly illegally occupying the slip and they can put a lien on it for stealing services.

Bottom line, your problem is with your friend not the marina. You are best off paying it and then deciding what to do with your friend.
Probably a good time to pay the Marina, move the boat and/or execute a new contract sans "friend", and upgrade friends.
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Old 01-07-2015, 10:48   #8
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Re: Boat Slip

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Probably a good time to pay the Marina, move the boat and/or execute a new contract sans "friend", and upgrade friends.

Yea I'd say so!! I'm so pissed! We even send him money monthly towards the slip fee. He never had issues before paying it for the previous two years and then all of a sudden he decides to say screw it basically. The worse part is we can't even move the boat right now because the engine is ripped apart. We have it up for sale and have someone interested so I'm hoping they take it off of us before the marina decides to take legal action.


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