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Squatting on a boat!

boatbot

By boatbot
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Guest TerryL

Guest TerryL

Posted
Posted
Does anyone know if a person would have squatters rights if found a boat?

thanks

 

No, it only applies to land and property and then only after ten years as I think it is now. Why?

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Guest TerryL

Guest TerryL

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I have a potential problem-Someone who I trusted is staying on my boat but He stole off me and I want him to leave-what if he refuses? cheers

 

It depends on what sort of agreement you have with him, you might need a court order for possession but I don't think it is quite like a house where a tenancy could be claimed. If he stole then you could simply threaten him with the police if he doesn't go. Give him a reasonable time to find alternative accommodation and he might just go.

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boatbot Collaborator

boatbot

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It depends on what sort of agreement you have with him, you might need a court order for possession but I don't think it is quite like a house where a tenancy could be claimed. If he stole then you could simply threaten him with the police if he doesn't go. Give him a reasonable time to find alternative accommodation and he might just go.

Nasty isn't it-I want to sell so I hope he doesn't refuse to go-there is no agreement-formally or in writing-I am gertting prepared if he doesn't go when asked-can he simply squat-thats what I am worried about-it shouldn't have come to this-this is what u get for helping someone!!

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john the duck Explorer

john the duck

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If you have no mooring they have very little rights.

 

If you want to evict your tenant you have to give him reasonable notice unless you have a contract.

 

Reasonable notice is considered in law as 6 weeks.

 

After this you could tow the boat away and as long as you make his personal possessions available and in no way try to withhold them from him or her you should be OK.

 

PLEASE SEEK PROPER LEGAL ADVISE IF YOU ARE GOING TO TAKE THE LAST OPTION BECAUSE I'M ONLY INTERPRETING WHAT MY SOLICITOR HAS TOLD ME

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boatbot Collaborator

boatbot

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If you have no mooring they have very little rights.

 

If you want to evict your tenant you have to give him reasonable notice unless you have a contract.

 

Reasonable notice is considered in law as 6 weeks.

 

After this you could tow the boat away and as long as you make his personal possessions available and in no way try to withhold them from him or her you should be OK.

 

PLEASE SEEK PROPER LEGAL ADVISE IF YOU ARE GOING TO TAKE THE LAST OPTION BECAUSE I'M ONLY INTERPRETING WHAT MY SOLICITOR HAS TOLD ME

There is no contract-he is just staying! But Ofcourse he can have his possessions but it is my boat! He hasn't said no , yet! but in case he refuses to I need to be prepared-after all if I dont want him on there he MUST go!! There is no mooring-its just on the cut.

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boatbot Collaborator

boatbot

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Well if he wont go you can tow the boat away when hes not there but its important you dont do anything illeagal i presume you have keys

NO!! I dont he has put new locks on it-I will have to break the locks-and put new locks on-hope it doesn't come to this!!

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Guest TerryL

Guest TerryL

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Posted
NO!! I dont he has put new locks on it-I will have to break the locks-and put new locks on-hope it doesn't come to this!!

 

I would ask him for a set of keys, you need access to your boat and then tell him it's over. If he refuses and you don't want to get involved in a court case which might be difficult with no address for him then I would simply wait until he leaves the boat, remove the locks, place all his belongings on the bank with a set of new locks to replace his damaged ones and destroy the evidence. Then move the boat, and fit new locks. If he comes back you can have him for breaking and entering and criminal damage. I would have already done this and the longer you wait after knowing he intends staying then the harder it can get. You are simply taking possession of your property just like a car and need to be hard and I can't think of anything he could claim, at least he would then have to do all the running which would not be worth his while.

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Keeping Up Veteran II

Keeping UpDonate to Canal World

Posted
Posted

Can't you just tow the boat to somewhere he wouldn't want to be, and moor it (even better if it's the offside, or the middle of a wide bit).

 

If he's not on board, he'll need your help to retrieve his belongings. If he is on board at the time, he'll need you to rescue him!

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Malarky Proficient

Malarky

Posted
Posted
I would ask him for a set of keys, you need access to your boat and then tell him it's over. If he refuses and you don't want to get involved in a court case which might be difficult with no address for him then I would simply wait until he leaves the boat, remove the locks, place all his belongings on the bank with a set of new locks to replace his damaged ones and destroy the evidence. Then move the boat, and fit new locks. If he comes back you can have him for breaking and entering and criminal damage. I would have already done this and the longer you wait after knowing he intends staying then the harder it can get. You are simply taking possession of your property just like a car and need to be hard and I can't think of anything he could claim, at least he would then have to do all the running which would not be worth his while.

This seems most sensible.

 

Alternatively, remind him of the fact that there are a lot of people worse off than him, and some of them are just plain bad, and that he would be better off leaving than meeting them!

I've got a squatter on a boat at the moment, maybee we could do a swap; I'll bash yours, you bash mine :lol:

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kiki Proficient

kiki

Posted
Posted

Sorry am I missing the point...he changed the locks, he had assumily no right to do that, I would be very nervous if I was you. Don't you have a few big mates ???? Pop down one weekend, help him off, help him pack his belongings and change the locks, how scary is he anyhow - he would have to be pretty silly to argue with a rotweiller, if you dont have one, borrow one for the occaion - seems pretty simple really. You would not be breaking the law, if someone borrowed my car and did not return it, he would just be thrown out of it....I understand you dont want to offend, hurt, break laws or whatever, but its your boat, throw him off...end of it.

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blackelle123 Collaborator

blackelle123

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Posted

Surely - if you have papers to say that you have sole ownership of the boat, then he has committed theft!!! If the same rules don't apply as if it were house then couldn't if be likened to car theft!!!

 

Personally I would politely inform him of the situation and when he has to leave the boat to get in supplies etc, I would then take legal ownership of my own property with papers to prove it!

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mayalld Veteran II

mayalld

Posted
Posted
Surely - if you have papers to say that you have sole ownership of the boat, then he has committed theft!!! If the same rules don't apply as if it were house then couldn't if be likened to car theft!!!

 

Personally I would politely inform him of the situation and when he has to leave the boat to get in supplies etc, I would then take legal ownership of my own property with papers to prove it!

 

Theft (s 1 Theft Act 1968) requires "intent to permanently deprive", which makes it a very difficult thing to prove.

Taking a conveyance without consent (s 12 Theft Act 1968) requires no such intent, and applies to a boat.

 

So, the advice to the owner should be;

 

  1. Tow the boat somewhere inconvenient for the squatter.
  2. Nail a notice to the door, stating clearly that he is forbidden to take the boat from this position.
  3. Take a picture of the notice.
  4. When he moves the boat, call the police.

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BlueStringPudding Veteran II

BlueStringPudding

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Posted
Couldn't changing the locks be see as "taking without consent" ?

 

Consent of whom? He'sgot the owner's consent! :lol:

 

Nasty isn't it-I want to sell so I hope he doesn't refuse to go-there is no agreement-formally or in writing-I am gertting prepared if he doesn't go when asked-can he simply squat-thats what I am worried about-it shouldn't have come to this-this is what u get for helping someone!!

 

Nothing wrong with helping someone.

 

If (and bearing in mind you haven't asked him to leave yet) he says no and gets funny about it, tow your boat away when he's not on board, chain your boat up to a mooring, lock the filler cap, turn off the gas and lock the gas locker and change all the padlocks.

 

But is there any reason he should get funny about it and refuse to go?

 

I think it's a bit odd that he's already changed the locks.

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