Mooring dance - Would you do this? - Page 3 - SailNet Community
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post #21 of 47 Old 05-06-2012
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Re: Mooring dance - Would you do this?

If your friend's name is on your boat title, he shares legal responsibility of the boat.

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post #22 of 47 Old 05-06-2012
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Re: Mooring dance - Would you do this?

I am sympathetic. Bought my boat in Beverly, MA, without any thought as to where it would reside and then found out how difficult it is to get a private mooring in New England. One question you need to get answered is how much interest in the boat he needs to have in the boat. What do the rules require? If it is unstated and he only needs a "partial" interest and the percentage is unstated, then you give him a miniscule percentage of ownership. I imagine to pursue the fiction that he will need to be on the title and on the insurance. I'm not sure I'd worry as much about liabilities as I would about ownership interests in the future. If you sell the boat, you will have to find him or his heirs to sign away his interest. If he gets divorced, where does his interest in the boat go? etc. These things sound remote, but arise everyday in co-ownership situations. Given all that, it is awfully tempting and only perhaps fully appreciated by someone who has had to do that dance.
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post #23 of 47 Old 05-06-2012
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Re: Mooring dance - Would you do this?

Maybe get legal advice from (gulp) a lawyer? Worst thing or best thing he could say is do not do this. Should not cost to much if you keep it simple. He should protect both of you. The value of your relationship may be worth the cost. Think about the cost as spread over ten years as this is your wait time.
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post #24 of 47 Old 05-06-2012
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Re: Mooring dance - Would you do this?

I think I would find it a win win for both of you. You just need to see what pitfalls are outside of your controll like a storm lets your shared interest boat break free and damage others or some kind of fine to stop a practice like wish you wish to do.
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post #25 of 47 Old 05-06-2012
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Re: Mooring dance - Would you do this?

Quote:
Originally Posted by Faster View Post
Not knowing the laws is tough, but in Canada unless the property owner also holds a waterlot lease he wouldn't have any rights in that regard.

Signing over part of the boat seems extreme. Leaving the mooring behind maybe not so much...
Not exactly true across the land. Here in Nova Scotia ANYONE who own water front property has the right to install ONE moorage within I think it is 200 feet of the mean high tide mark and located within the frontage of the property. As I understand it the owner can also rent/lease said mooring to whom they choose.

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post #26 of 47 Old 05-06-2012
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Re: Mooring dance - Would you do this?

With an inexpensive boat I would consider it. As long as I'm insured from all angles.

I'm not sure I consider a Bristol 38.8 "inexpensive", but that's just me. If you have a fallout, who's to say how complicated things could get.

Have you considered other things like access to the mooring, parking, dink storage, etc. Do you need shore access from their real estate? If so, how are they gonna feel when four of your buddies show up in separate cars to go sailing and need a place to park? Are you gonna be parking on his property late at night/early?


Paying for a mooring at a marina offers possible:
Launch service
Water/fuel
Dink storage/dockage
A place to tie up to do repairs, top off the batteries
Parts
Ice
food/bar
pool
parking
parking for your buddies when you go out for a sail

Sorry to say it but yea, it ain't cheap, you just purchased a 38ft sailboat, what where you thinking? I live in New England so I feel your pain, but there are Marinas in Portsmouth...lol

Last edited by RobGallagher; 05-06-2012 at 10:45 AM.
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post #27 of 47 Old 05-06-2012
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Re: Mooring dance - Would you do this?

IF you put the guy on title, you get a signed and UNDATED release. That way, you can remove him if it becomes necessary, backdating the document if need be. It's dodgy, but it would be impossible for anyone to argue with.
How about if you 'rent' a room at his house, thus making you a tenant on the property? As landlord, the guy should be entitled to provide you with certain services - such as a mooring...
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post #28 of 47 Old 05-06-2012 Thread Starter
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Thumbs up Re: Mooring dance - Would you do this? THANKS

Thanks everyone for the great input. You have pretty much reinforced my concerns. It could be a good deal for us, still with some significant issues, but I don't really want to share the boat so all he gets is liabilities and hassle. I don't know him THAT well.....

So - I have found an affordable slip up in Maine. It is just under a two hour drive from here but the place is really beautiful, the marina is well equipped and appears well managed and it is close to (in) much nicer sailing.

The driving is a bit of a pain so I will get on the local waiting lists just in case we get fed up with it but I suspect we will get to like our floating weekend cottage.
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post #29 of 47 Old 05-06-2012
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Re: Mooring dance - Would you do this?

Graham, you may be overthinking this. Here's a simple no cost, no lawyer approach.
  • Go to the municipal office. Request a copy of the township code for moorings. Be nice, ask about any fees and especially about any required inspections (initial & annual). Some towns are a problem. I find being nice and asking "can you help me?" goes a long way. The municipal code may even be online, but it helps to talk to the person who handles the permits to get a feel for what they look for.
  • When talking with them, tell them you're kicking around the idea of buying a house along the water - not that you're trying to find a loophole
  • What are the maintenance requirements? Does the mooring have to be removed in the winter?
  • The town ordinance may only be concerned with preventing rentals, which is a very different scenario. There may be no prohibition against giving away use to friends and family. After all if everyone on the river was renting it could become a policing problem.
  • Does the ordinance require any kind of permit for the boat where you'd have to show ownership? If not it only becomes an issue to prove ownership if a neighbor complains. In other words if he gets along with his neighbors and you're not a problem for them (loud music, etc.) there may be no problem.

He probably could care less about having a half % ownership in your boat. But having a mooring will definitely raise his property value.

You'll also need to work out access to the dock with him as you'll be tramping through his backyard every weekend to get access to the boat and that may wear thin after a while. I'd talk to him about this over beers BEFORE you spend the money to install a mooring.
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post #30 of 47 Old 05-06-2012 Thread Starter
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Re: Mooring dance - Would you do this?

Thanks Jim,
I am good at over-thinking things and I'm finding all the admin a little overwhelming at the moment. When we had a boat in Oz it all felt a LOT less complicated......

That is a good balanced approach. I'm pretty much OK with the Maine idea but a local mooring would be a huge bonus. I will do this and report back.

Graham and Janaki
Bristol 38.8

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