Boat abandoned in friends storage shed

[sublauxation]

A friend of mine rents out his pole shed for boat storage. He's only rented to friends so he's never had any signed contracts, he charges $300/season. 4 years ago he rented space to a friend of a friend. The guy didn't have the money right away so they agreed he'd pay in the spring. Now 4 years later the boat is still in his shed. My friend hadn't heard a word from this guy so last year he did some research. Turns out the guy filed bankruptcy a couple years ago and moved 18 hours away. My friend called him and the guy said he'd take care of it. That was a year ago and he hasn't heard another word.

Anybody deal with a situation like this? and any input on what to do. My friend wants the boat gone and wants his money for the storage but the guy wont return any of his calls so this spring he plans to pull the boat out of his shed and leave it outside to rot.

I want the boat. It hasn't been registered in 11 years. It's about a 1997 19 ft aluminum boat with a 90 4 stroke. NADA puts it at about $4K in good shape. One of the outboard mounting bolts is pulling through the transom and it's obviously shot, otherwise it feels pretty solid.

With the guy not returning calls is there any way to have it declared abandoned property. There is no signed contract for the storage so I'm guessing that would make things more complicated also.

Thanks for any thoughts!

 

[roscoe]

Probably the only thing you could do, would be not so cool or legal.

At this point, you don't even know if the "owner" actually owned the boat, or had it registered in his name.

You could buy the outboard and trailer from your buddy, and look for a hull to hang it on.

 

[airshot]

It will cost you a few bucks but you need to do a title search first using the hull and engine serial numbers and see who actually owns the boat. It could be the banks and they do not know where it is...but the title search will show that. If the bank does own it a finders fee would be in order. If the dude still owns it then a registered letter with a legal time frame (30 days or so) to remove or consider it abandoned will get you started to take legal action against him. Due to the time frame a reasonable fee for storage is not out of the question even without paperwork.

 

[H20Rat]

not all states register engine serial numbers, so the most valuable part of that boat doesn't technically exist! And the ones that do register may not have done it 11+ years ago... just sayin'...

 

[sublauxation]

I'm guessing that him dragging the boat outside would not be a good idea at this point as the guy could argue that the rotted transom was his fault.

Also if the arranged price was $300/season, technically a boat storage season around here is about October to April. Would it be logical to charge him $600/year?

 

[jbcurt00]

YOU cant do much but research, you arent the property owner where the boat is currently stored.

As stated, every state is different, so any suggestion besides research of abandoned property isnt likely to be accurate or legal.

Removal of boat, trailer or motor should be illegal no matter what state you're in, it isnt your boat nor is it your property its stored on. It isnt your buddys boat, so he cant remove the motor or trailer and sell them or give them to you, they arent his.

By definition i suspect this is abandoned property. Your buddy doesnt have anything to expect to be able to collect storage fees, so he's probably SOL @that.

But the 'owner' doesnt have anything from your buddy saying he can store his boat there. After a few attempts to contact owner, your buddy should be well w/in his rights as property owner to pursue it as abandoned, however that is done legally in his state.

 

[agallant80]

If it were me I would tow it off my property to the side of the road and let the authorities figure it out.

 

[sublauxation]

Agreed that I can't do anything besides research but the owner isn't exactly the type who can figure this out on his own. Clearly the easiest option is for the guy to pay up and haul it off and all would be well. That hasn't happened despite the request of my friend. I also agree that it needs to be done legally as hauling the boat out of the shed could create a whole new set of issues where my friend could become liable for the boats transom issues, and obviously the boat simply disappearing would clearly be theft.

 

[sublauxation]

My friend simply doesn't want to deal with it and he wants his storage space back, hence the reason I was asking, to get a starting point.

 

[jbcurt00]

Then research abandoned property in his state.

I suspect it will fall to him to follow thru w whatever is required, unless your state will recognize you as his agent, which will probably involve some effort of some kind on his part too just to make you his agent....

 

[roscoe]

Oh look, the boat is gone. The owner must have come and picked it up while your friend was out of town for the weekend.

 

[64osby]

Look up self store laws in you state. They are very clear on the process of abandon property (at least in Michigan).

A possible attempt to get the property without breaking the law - Have your friend send a letter stating the full amount of storage due, including reasonable late fees and interest. Let the property owner know that all debt would be forgiven in exchange for a signed clean title and a bill of sale. In the event of failure to agree to the terms a small claims suit will be filed to recoup the amounts due. Allow 30 days and send the letter certified with return signature card.

If you see a title, pay your friend fair market value.

I doubt you will ever see a title from the owner but it may be worth a shot.

 

[southkogs]

... also a quick call to the county clerk and county sheriff may help you understand the laws on eviction (from storage) and abandoned property in your state.

 

[gm280]

Judge Joesph Wapner would be very irritated reading this because once again "No Written Contract"! Verbal contracts are absolutely worthless. Without signed documents who knows what the agreement actually was. Even at this stage of the game, the original owner still has legal rights to it. Unless the person providing the storage can prove what was stated, and I highly doubt he can, the own can come get the boat and legally not pay one dime for any storage fees... I wouldn't touch it with a ten foot poll. Unless everything is cleared up and legally signed over to you, leave it sit where it's at and stay out of legal trouble! JMHO!

 

[Brian 26]

As said every state is different, could be as easy as a bill of sale from your friend to you, could be as hard as - no possible way to transfer.

 

[redneck joe]

what state are you in? We can help with the research.


and if close I'll come haul it off for your friend so he doesn't have to deal with it.....

 

[smokeonthewater]

yeah he won't have to deal with complicity to grand theft at all.........

the ONLY SMART action on your friend's part would be to hire a lawyer to handle the legal work and then sell the boat to recoup his losses IF he gains ownership.

 

[sublauxation]

Yup, it's a stupid situation. It's the first time he's ever rented to someone who wasn't a direct and close friend. Even with them he should have a written contract. Then again he's "older and smarter" than me. I appreciate the help and advice given. I'm likely going to wash my hands of it as the advice I've relayed back hasn't been well received.

 

[Jeep Man]

I came across a similar scenario a few years back. The rules vary from state to state, country to country, so do NOTHING until you have the ownership papers IN YOUR HAND. I came across a 4x4 in storage at a customers place and when I inquired about it, I was told that if I get it gone, it was mine. I was able to track the owner from the last registration. He had left the province but I spoke with his brother and, like you, found he had declared bankrupcy. Went to the bank that had a lien on it and told them it was virtually scrap and had a large storage lien on it. They were happy to drop their lien and gave me paper to prove it. Went to the MOT (DMV to you) and with the storage lien (on paper) cleared they issued me a new registration. With brakes and a gas tank from a donor, I was on the road inside of a week. So it is possible. Just be patient.

 

[sublauxation]

It does look like the first thing to do is get a storage lien and that should be relatively easy. If nothing else it keeps the owner from legally taking the boat and paying him nothing. I wondered about what a bank would do, I can't imagine they want to deal with a boat with the outboard pulling through the transom. I'll try getting the registration and HIN # to run past the DMV and go from there.