Posession and 9/10 of the law... What do you think?

[bkwapisz]

About 18 months ago I bought a boat slip from the local Marina for my 28' SeaRay. Each slip comes with a lockable dock box, and there was a lock on mine when I bought it. So I called the old owner, and he came down, cut if off and left. I opened it to find a REALLY nice, newer Evinrude 8HP and the corresponding 3gal tank. I think it was used as a dinghy motor. I called the PO and he said he knew nothing about that, and that he had rented the slip for the past several years through the marina's rental service. He had no idea whose motor this was. The marina can rent these available slips out as transients or as summer rentals.

I contacted the marina and they didn't know either, had had no calls about it, and everyone basically told me that this was a 'bonus.' The documentation to the slip says that it includes everything that was within the confines of the slip, including the dockbox and contents.

Well, I have stored this in my basement now for almost 2 years (in case the owner of the motor stepped forward) and actually I now have a use for it. I was thiking about putting it to use on my new-to-me ranger as a kicker. I was wondering what everyone thinks I should do, and is there some way to find the lost owner or should I just assume it's mine? I've never been this 'lucky' to have found something like this and certainly don't wish to 'steal' it.

Thanks.

 

[ezmobee]

Re: Posession and 9/10 of the law... What do you think?

It absolutely sounds to me as though you've done your due diligence in finding it's owner. Now enjoy your good fortune.

 

[Knightgang]

Re: Posession and 9/10 of the law... What do you think?

The documentation to the slip says that it includes everything that was within the confines of the slip, including the dockbox and contents.

certainly don't wish to 'steal' it.

I think the documentation covers you in this, especially since the PO that cut the lock off never new anything about it...

PLUS, you have sat on it for two years... I think you can call it abandoned... I think you are in the clear for being accused as a thief...

Enjoy it and buy a lottery ticket...

(If you win, you can split it with me since I gave you the idea...)

 

[robert graham]

Re: Posession and 9/10 of the law... What do you think?

The previous owner may be dead or in jail, but apparently not worried enough about the motor to come back for it. By law, may be considered "abandoned", but you could certainly go ahead and use it, until and if the previous owner shows up. Not sure if taxes are paid on a motor that size, but that could be a way to trace the owner. I guess you'd like to have the motor "legal" with your name on the title and all. Maybe the Marine Department of Natural Resources could give you some advice on how to handle it. If you're not comfortable with any of this, I'll give you my address and you can ship the "hot" motor to me and I'll deal with it the best I can. Good Luck!

 

[dwco5051]

Re: Posession and 9/10 of the law... What do you think?

I think the documentation covers you in this, especially since the PO that cut the lock off never new anything about it...

PLUS, you have sat on it for two years... I think you can call it abandoned... I think you are in the clear for being accused as a thief...

Enjoy it and buy a lottery ticket...

(If you win, you can split it with me since I gave you the idea...)

The motor may have been stolen. Have the police or any other law enforcement agency run the serial number. If it was reported it will be on file with the owners name. If it comes back clear you have a good motor to use. If not the original owner gets his motor back and you have done a good deed.

 

[BeaufortTJustice]

Re: Posession and 9/10 of the law... What do you think?

I concur with dwco5051...get it checked.

Also, I know around here (in SC) there is a civil court process that you can go through to have a magistrate declare you the legal owner. It is typically used for situations where tenants leave property behind in a rental house or leave stuff at a business without picking it up.

It may cost you a nominal filing fee and an hour or two in court, but the peace of mind knowing that you are perfectly legal may be worth it.

Good luck and happy boating.

 

[lowkee]

Re: Posession and 9/10 of the law... What do you think?

I'd likely do what you have done for a few months. After a year, I'd consider it mine. You weren't trying to pull one over, you contacted the marina and PO about it.

Enjoy your outboard.

 

[Home Cookin']

Re: Posession and 9/10 of the law... What do you think?

so that's where I left my motor! Just mail it back to me; I'll reimburse your shipping. Honest. I've been looking for it all summer.

Have you pulled it? If it were stored on its back it may be locked up and worthless.

The most I'd do is call the local police and ask if they keep records of stolen motors by serial number; if not, don't go any further. It's a small item and if you try to go through the legal channels for lost/found/abandoned property it will take far more time than its worth. I doubt any localities tax or title motors unless they are on a boat. Legally, except for the true owner, the people with the strongest claim to it are you and the marina, and the marina gave you its rights. Although it might not seem like it, the legal system expects a degree of practicality. However, your honestly is respected and appreciated.

Oh, and if the true owner shows up, don't forget to collect storage. I think the repair shops are charging about $8 a day?

 

[JB]

Re: Posession and 9/10 of the law... What do you think?

I guess MI neither registers nor titles outboards. Too bad.

 

[bkwapisz]

Re: Posession and 9/10 of the law... What do you think?

I guess MI neither registers nor titles outboards. Too bad.

Yeah I wasn't aware that they did. In the spring it'll be better than 2 yrs, and I agree that I have been more than honest. I think I'll use it as a kicker and if the guy shows up for it I'll hand it over. I have others.....

Thanks for the input.

b

 

[skargo]

Re: Posession and 9/10 of the law... What do you think?

I'll gladly give you double what you paid for it.

 

[Old & In the way]

Re: Posession and 9/10 of the law... What do you think?

Great.
You found my missing outboard...

 

[javsam]

Re: Posession and 9/10 of the law... What do you think?

I was wondering where I left that.Please ship it to me and I will gladly reimberse you for the shipping fees.

 

[bkwapisz]

Re: Posession and 9/10 of the law... What do you think?

I suppose I asked for all these replies....

 

[Boss Hawg]

Re: Posession and 9/10 of the law... What do you think?

It absolutely sounds to me as though you've done your due diligence in finding it's owner. Now enjoy your good fortune.

That about covers it

 

[dwco5051]

Re: Posession and 9/10 of the law... What do you think?

Stolen boats will remain in the National Crime Information Center (NCIC) for 5 years - The year reported plus 4 years

Unrecovered stolen articles stay in NCIC for 2 years - the year reported plus 1 year.

Unless the report wasn't made until long after the item was taken it would not likely show up even if stolen since you had the motor for two years now.

Only articles with a serial number or owner applied unique number can be put into the system. This is a nationwide system available to all law enforcement agencies so a motor or boat stolen in say Maine would show up in any other state making an enquiry.

 

[RotaryRacer]

Re: Posession and 9/10 of the law... What do you think?

I guess MI neither registers nor titles outboards. Too bad.

No, Michigan does not register or title outboards. Why do you say that is too bad? As far as I'm concerned, it is a great thing. It is one item that you can buy and/or sell without the hassle of paperwork and fees and taxes and all those other inconveniences. When I buy or sell a motor I just write up a clear bill of sale with the model number and serial number and have both the buyer and seller sign and date. One copy for each and it is done. No need to go to the secretary of state/DMV/DNR or any other government office to transfer ownership.

In a situation like the OP finds himself in really it seems to be he has done everything reasonable other than calling the local police to see if there is a theft reported. If he does that and nothing comes of it, I say the motor is his free and clear. If someone comes to him at some later date and claims the motor is theirs and they can prove it, I would guess the OP would give it to them.

 

[bkwapisz]

Re: Posession and 9/10 of the law... What do you think?

No, Michigan does not register or title outboards. Why do you say that is too bad? As far as I'm concerned, it is a great thing. It is one item that you can buy and/or sell without the hassle of paperwork and fees and taxes and all those other inconveniences. When I buy or sell a motor I just write up a clear bill of sale with the model number and serial number and have both the buyer and seller sign and date. One copy for each and it is done. No need to go to the secretary of state/DMV/DNR or any other government office to transfer ownership.

In a situation like the OP finds himself in really it seems to be he has done everything reasonable other than calling the local police to see if there is a theft reported. If he does that and nothing comes of it, I say the motor is his free and clear. If someone comes to him at some later date and claims the motor is theirs and they can prove it, I would guess the OP would give it to them.

I'll run it through the PD and see what comes of it. If it's stolen then that's that. If not, I got me a nice kicker. And I agree with your comments on not having to pay taxes on the sale of something like this-- but don't get me started on that subject.....

 

[jbjennings]

Re: Posession and 9/10 of the law... What do you think?

No, Michigan does not register or title outboards. Why do you say that is too bad? As far as I'm concerned, it is a great thing. It is one item that you can buy and/or sell without the hassle of paperwork and fees and taxes and all those other inconveniences. When I buy or sell a motor I just write up a clear bill of sale with the model number and serial number and have both the buyer and seller sign and date. One copy for each and it is done. No need to go to the secretary of state/DMV/DNR or any other government office to transfer ownership.

In a situation like the OP finds himself in really it seems to be he has done everything reasonable other than calling the local police to see if there is a theft reported. If he does that and nothing comes of it, I say the motor is his free and clear. If someone comes to him at some later date and claims the motor is theirs and they can prove it, I would guess the OP would give it to them.

I agree......
titling a boat motor does nothing to keep some thief from stealing it. Yeah, they'll have to take pennies on the dollar to sell it with no title, but hey---a thief doesn't care! I was the victim of a boat trailer theft at a public launch. It was, of course, never found. (We title boat trailers in LA)
Titling it just gives the gov. another way to take folk's hard-earned money and force them to deal with the bureaucrats.
JBJ

 

[tmcalavy]

Re: Posession and 9/10 of the law... What do you think?

I agree......
titling a boat motor does nothing to keep some thief from stealing it. Yeah, they'll have to take pennies on the dollar to sell it with no title, but hey---a thief doesn't care! I was the victim of a boat trailer theft at a public launch. It was, of course, never found. (We title boat trailers in LA)
Titling it just gives the gov. another way to take folk's hard-earned money and force them to deal with the bureaucrats.
JBJ

...and create new agencies in which to employ their cousins and generate more taxes.