Salvage rights on a lake
 

A few years ago an 18' Checkmate hit a bridge piling and sank. A passenger was killed,and because of the tragedy the boat owner had no interest in retriving the boat. A friend of mine has located it,plans to raise it cause he wants the Mercruiser SS drive.Can he do that and claim the boat legally? This is a non-navigable waterway.

Laws vary from state to state, so you should get some local advice. Perhaps the following will at least let you know what questions to ask...

Since it is a non-navigable waterway (you should verify this), it is typically treated as any other place. There is a legal concept called abandonment. There are two elements to abandonment of movable property: The physical act of abandoning and the mental element of intent to abandon the property. The first person to pick up abandoned property becomes the owner.

Hope that helps.

I'm surprised the DEP or some other agency didn't REQUIRE that it be salvaged simply for environmental reasons. Thinking about it further, I would have expected it to be collected as evidence since there was a death involved. Something doesn't sound right about this.

Go get it "at night".......but what's a drive that's been at the bottom of a lake a couple years going to be worth anyway????

there's probably nothing wrong with the drive from it simply being under water in a lake, they are sealed..........

i wouldnt want to own anything that was in that kind of tragedy

That was my thought,owner is a friend,his son was driving,his best friend died. Very sad.My friend told me he hoped the boat stayed on the bottom forever,and I agree,but the other guy doesn't think there is anything wrong with salvaging the boats for the parts. I am not involved at all,just wondering if the guy could legally claim it,apparently he can.:(

I would not want to be the one at the end of a overzelous lawyer after you get it up....not even worth getting involved with..now if it was a big score..do it.

I agree,and I repeat,I am not involved at all.

+1. Sounds like bad karma to me.

I'd advise the friend that the cost of pulling up ($$$ and karma) aren't worth what is a relatively cheap drive.

Also, if the family wants it to stay on the bottom, I'd respect their wishes.