Switching Ownership

[WJM]

"There is one curious exception to this, due to an historical anomaly that has never been repealed: goods bought between sunrise and sunset within the boundary of the City of London are yours if bought "in good faith" even if the seller did not have good title."

 

 

 

Useful to know - if I set up a brokerage in Limehouse Dock will I be able to sell 'hot' boats with impunity?

[magnetman]

"There is one curious exception to this, due to an historical anomaly that has never been repealed: goods bought between sunrise and sunset within the boundary of the City of London are yours if bought "in good faith" even if the seller did not have good title."

Useful to know - if I set up a brokerage in Limehouse Dock will I be able to sell 'hot' boats with impunity?

Sounds good to me, like the old law which (citation needed!!!) states that, as master of a vessel, you are legally allowed to hang anyone who comes aboard without permission and refuses to leave...

[chris w]

Sounds good to me, like the old law which (citation needed!!!) states that, as master of a vessel, you are legally allowed to hang anyone who comes aboard without permission and refuses to leave...

 

I had to invoke that twice last season.

 

Chris

[magnetman]

I had to invoke that twice last season.

 

Chris

 

First time I tried it was down at Peterborough. They do tend to remove themselves when you mention the hanging bit.

edit: sorry to be

Edited February 2, 2007 by magnetman

[David Schweizer]

I have not really been following this one, but having just read it, there may be a very simple solution. If the boat was sold before the Owner died, find out whether the son had Power of Attorney, if he did, he had the legal right to sell the boat on behalf of his father. If the boat was sold after the owner died, find out if the seller was excecutor to his father's estate (contrary to popular belief there does not have to be more than one excecutor), If he was exceutor he had the power to sell the boat. In either instance the sale would have been legal and what happened to the money is not your concern, that is for the family to argue about.

[miles beyond]

There is one curious exception to this, due to an historical anomaly that has never been repealed: goods bought between sunrise and sunset within the boundary of the City of London are yours if bought "in good faith" even if the seller did not have good title.

 

Chris

 

Fascinating. Somehow I suspect that more recent statute would override this anomaly. For example there is still a bylaw in place in Hereford which permits one to kill a Welshman if you find him within the city walls on a Sunday. However, I would imagine if you sought to exercise this right you would still be up in front of the beak on a murder charge.

[FORTUNATA]

You can't really have your cake and eat it, as they say. In reality, I was duped and knew nothing about boats at all. I was talked into taking them over. This was obviously due to the fact boats come with a lot of baggage, insurance, mooring, certification and licenses.

I winded up with 2 boats. The first one I sold out of necessity. They were both in pretty bad condition. I recall in the case of the first boat, the owner of the mariner and a woman who was with him kind of expressed their condolences and indicated I'd been had. The guy stated quite bluntly that he considered the first boat "a heap of scrap". When I asked his opinion as to what it might be worth he replied, "In its current condition? About 50 pounds!"

That left me somewhat gutted. Added to that, nobody told me that the rent for that "heap of scrap" would arrive at my door every month -80 pounds just for mooring.

Added to that, the outboard engine that came with it horrifed one marine mechanic. When the guy I sold it to found an engineer. The engineer advised him, "Hit it with a hammer!"

The other boat (the one I kept) was even worse and I have the photos to prove it. There was a bush growing out of the outdrive, the fibreglass body was covered in moss and sap as well as flaked paint. The rubbing stakes were half-rotten. The bilges were flooded and it had no proper cockpit cover to keep out the elements.

Added to that, the engine wiring has seemingly caused a fire at some point.

The owner of the mooring begged me to tow it away. She described it as an eyesore. Then, of course, my dad hit the roof. He's a former engineer and his view was "it will take years."

So, my view remains I was used as a convenience to get rid of someone's problem. This is far from being a case of a greedy capitalist making gains from the death of a former owner Not that anyone suggested that).

Now, the point is this: With a lot of hard work and regular trips back and forth, I've turned this situation around somewhat. I spent 4 months doing nothing except clean with wet and dry last Summer (8 hours a day!). I re-glued the fibreglass where it had parted in some areas. I filled in cracks and dents and painted the boat with high-quality marine paint. I had the cracked cambelt changed, gutted the interior, revamped the fuel system, purchased new electronic guages, redid the panel and even bought an outboard.

Now I figure that I have a bargain nobody may have imagined.

So, I think where I was coming from is I wouldn't be surprised if maybe people who originally wanted nothing to do with any of this may have a change of mind if they see what's been going on. So long as folks continue to believe I was duped, there will be no problem. However, I figure a change of mooring may well be timely.

 

 

 

I have not really been following this one, but having just read it, there may be a very simple solution. If the boat was sold before the Owner died, find out whether the son had Power of Attorney, if he did, he had the legal right to sell the boat on behalf of his father. If the boat was sold after the owner died, find out if the seller was excecutor to his father's estate (contrary to popular belief there does not have to be more than one excecutor), If he was exceutor he had the power to sell the boat. In either instance the sale would have been legal and what happened to the money is not your concern, that is for the family to argue about.

[chris w]

I have not really been following this one, but having just read it, there may be a very simple solution. If the boat was sold before the Owner died, find out whether the son had Power of Attorney, if he did, he had the legal right to sell the boat on behalf of his father. If the boat was sold after the owner died, find out if the seller was excecutor to his father's estate (contrary to popular belief there does not have to be more than one excecutor), If he was exceutor he had the power to sell the boat. In either instance the sale would have been legal and what happened to the money is not your concern, that is for the family to argue about.

This not quite correct. If the son had "Ordinary Power of Attorney", he acts on behalf of his father in carrying out his father's wishes ie: he cannot act in his own cognisance. If the father was suffering from mental illness AND the son had previously been granted "Enduring Power of Attorney" AND a court had so sanctioned to validate the Enduring Power of Attorney due to his father's mental illness, then he could have sold the boat on behalf of his father without his father's permission. Both of these Powers however terminate immediately on the death of the father.

 

As a sole executor he would have the right to realise the value of the boat; the funds going into the estate. However, if the father had willed the boat to someone, an executor cannot overrule this and would be acting illegally in selling the boat. Neither of these actions are allowed anyway until probate is granted.

 

Chris

[DHutch]

Im not going to pretend anything about this, but i would deffonatly be keeping all the receipts/logs of what you've bought, and the time/hours/money spent on the boat, again, possably also inclusing the contect of the forum as evdence.

 

Many years ago my uncal lost a car he was restroring.

- He had been keeping it in a freinds garage, and one day he went back to it and it wasnt there.

- On asking the frend where it was, he said "i sold it last month" - Apprently he was short of money.

 

By the time my uncal tracked down the car, it was month later. And the new owner has spend five times the prevous value of the car on geting it profesionally renovated.

 

To cut along story short, in the end after much legal battling it was declaired that more of the car was now owned by the new owner, than my uncal, and it was arranged that the new owner would pay my uncal what the car was worth when he had receaved it, and then keep the car, on the condition that should he ever sell it, he gave my uncal first prioratly on the sale.

- Or somthing like that.

 

 

That was about 30 years ago, and in compleation of the story, 18months ago my uncal got a letter from the guy, saying he was selling it, and did he want to buy it. - And now he has it back again...

 

 

 

 

Daniel