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.

I would try and buy the boat or see if the guy will just give him the title. I'm sure he will say that he wants it to stay on the bottom, but I would just make up an excuse like. Well the EPA could sue you.........or that you are doing it for environmental reasons........... Interesting that it would still be salvagable.

Send a diver to the bottom with a wrench....remove the drive and leave the rest of the boat on the bottom!!!!

Bingo - u gotta go down there anyway. What would you do with the hull? you are now the proud owner.

That boat has been abandoned he has legal salvage rights to it once he attaches a line on it go get it. I may be wrong but on a larger scale did Bob Ballard return the things from the Titantic to the cunard shipping lines? I think not this is maratime law.

If the owner wants it at the bottom, I would advise your friend to leave it there. If the owner catchs word, he could say your friend stole it and he just parked it there for a long time???? Either way would not be a mess I would want to see. For the possible legal crap and bills he could face not to mention if a local paper heard about it and did a nasty article. A used drive is just not worth it.

How much would it cost to go to court just once!!!!!!!!:(

sounds like a bunch of chit....for a drive...

[QUOTE=BAJA WILL;2444094]If the owner catchs word, he could say your friend stole it and he just parked it there for a long time???? QUOTE]

That might not happen considering it was a documented accident with death involved. However, how much could someone need a drive that they would go through the trouble. This whole things spooks me out.

It is an Alpha SS(short shaft) drive,kind of rare I guess. Just found out he also wants the engine,a hi dollar,hi performance SBC. But it's been down 6 years,what could he salvage on the engine?Boat is worthless,it reportedly split down the middle. He asked another friend,a diver, to help,he refused. I don't blame him. It's down 80 feet,they found it with a high tech underwater camera.

I could understand doing it if he was a diver himself, but it sure seems like alot of trouble for a drive that very well could be damaged as well.

Im surprised it is being allowed to sit there......with fuel and oil and chit......

[edit] Ship salvage and the law
Salvage law has as a basis that a salvor should be rewarded for risking his life and property to rescue the property of another from peril. A vessel is considered in peril if it is in danger or could become in danger. Examples of a vessel in peril are when it is aground or in danger of going aground.

Prior to a salvage attempt the salvor receives permission from the owner or the master to assist the vessel. If the vessel is abandoned no permission is needed.

Read the last sentence.

Robert good to see you up and running again on the site

story is pretty crazy, as far as legal action, if the owner is that distraught over the incident, something tells me he wont want to bring up bad memories enough to get legally involved

Also if your willing to dive 80ft for a drive, more power to you i say its yours. you could pay me the amoun the drive cost new to dive 80ft unless there are bars of gold down there

if he brings it up, get some pics of the drive id like to see what it looks like after so long underwater. if it had fresh anodes on it id assume it might be fine depending on how long they last?

I wouldn't want to ride in the boat those parts go in bad karma.

Careful there chief, laws on inland lakes are different than the open ocean. There could be more to it.

There was an Alpha SS for sale on here not too long ago. I wouldn't salvage the other one! IMO

Tell him to leave it.

aint worth the greif & agravation on the diving, yet alone if the sherrif pulls up and a day in court is involved .. buy a damn drive off ebay:D

WOAH a lil tense after filling the truck with K1 :D:D

I was wondering if the "new owner" would assume environmental liability from the abandoning owner.

I wouldn't want the karma.

It would be different if the hull/drive was in a yard somewhere. Something about a wreck still being submerged turns me off. Like it's a space that should be left alone.

Maybe if the guy wants the engine too.... he should be allowed to do this and then we can track all the troubles he has for years and years.

Absolutely FUND , seems a bit creepy to me & aalot of trouble for a lil mit of $$$$$$$$$$$$ unless they find some jewry or Gold teeth while there down there.. dont think anyone is racin to beat them to it .:cool-smiley-011:

Also, if an insurance company has paid out, they could try to claim it.