Harbour owners will be aware that an abandoned vessel can pose a significant risk to safety, navigation, the environment and the reputation and efficient commercial operation of the harbour.
If it’s not dealt with, an abandoned vessel can put harbour owners in breach of their implied duty to take reasonable steps to ensure that a berth is safe. Where the harbour owner is a statutory harbour authority, it can cause them to breach their statutory duties. But what are the legal rights and powers available to harbour owners?
Abandonment
If a vessel is truly abandoned then the owner of the land or harbour may dispose of the vessel as the true owner has shown that it no longer wishes to assert title. This is a high-risk policy as abandonment can be very difficult to prove and if the vessel is not truly abandoned then the seller can be held liable for conversion of the vessel.
Contract law
The provision of mooring services in exchange for payment is generally a contractual arrangement between the vessel owner and the harbour owner. If a harbour owner can identify that the vessel owner has broken the terms of the contract (written or implied), the owner can seek damages including the costs of removal of the vessel, through the courts. Action may be taken against the vessel owners, or potentially in rem i.e. against the vessel itself. Having a written contract is not essential for a contractual claim to be brought. The use of a written contract can provide a range of benefits including making it simple to dispose of a vessel and reclaim the costs.
Torts (Interference with Goods) Act 1977
Harbour owners could also look to the Torts (Interference with Goods) Act 1977. This provides a straightforward mechanism whereby a harbour owner may obtain the legal power to sell the boat by becoming an involuntary bailee. Care will need to be taken and reasonable efforts made to trace the vessel owner. The harbour owner will also need to ensure that it can demonstrate that the process is properly followed so as not to be liable to the vessel owner. Once the harbour owner has become a bailee, they need to take reasonable care to see that the vessel is not damaged or destroyed deliberately or recklessly.
Use of Admiralty Court
In some circumstances it is sensible to use the protection of the Admiralty Court to authorise a sale and if relevant to deal with the proceeds of sale.
Statutory powers
The underlying legal regime concerning statutory harbour authority powers is complex, but offers a broad range of powers to remove abandoned vessels.
For example, The Dangerous Vessels Act 1985 enables a harbour master to give directions requiring the removal of a vessel if, in his opinion, the condition of that vessel is such that its presence in the harbour might involve a grave and imminent danger to the safety of persons or property.
Certain harbour authorities are also able to rely on section 57 of the Piers, Docks and Harbour Clauses Act 1847. This allows the removal of unfit vessels at the expense of the owner, which can be recovered through sale of the vessel in certain circumstances.
Where the vessel itself does not pose a direct risk, but its owner owes outstanding harbour dues, harbour authorities may consider the use of Section 44 of the Piers, Docks and Harbour Clauses Act 1847 which gives rights to detain and sell a vessel to recover outstanding dues.
In exercising any statutory power, harbour authorities need to be very careful to ensure that the circumstances of the vessel and the reasons for removal are aligned to the purpose that the power was granted for. It’s vital that good records are kept. In addition to the general legislative provisions, the local legislation under which a statutory harbour authority was created may incorporate or implement express powers to deal with vessels within the harbour authority’s area, and should be checked.
The assumption of rights and responsibilities over a third party’s property brings with it a range of risks (and potentially an ongoing duty of care) and should not be taken lightly. It’s also worth bearing in mind that the risks and the practical issues need to be carefully considered in the light of the likely returns. As long as harbour owners can demonstrate that proper care is taken to ensure that all legal and procedural requirements are met, the law offers a variety of solutions.
Owners of harbours, marinas, boatyards, sailing clubs, and other waterside properties, should all be aware of the legal rights and powers available to help them clear up their estates and make them more efficient, attractive and safer.