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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just bought a yacht from a private owner, through a

Resolved Question:

I have just bought a yacht from a private owner, through a broker, which was stored in a boat yard on a monthly contract. I intended to put the boat back in the water this month, but the boat yard owner says this will be impossible to do so as they have now stored other boats in front of it. The inference is that it will be there for the next 6 months. What would be the best way of encouraging them to allow me to launch the boat (Actually it is they who have to lauch it as it needs the use of their crane)
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what does the contract say about access?
Customer:

When I took over the boat, I neither saw or signed a contract, nor do I believe did the previous owner. It is not a very professional boatyard. The storage is monthly in advance

Alex Watts : Can you get a copy of the contract?
Customer:

I doubt it as I don't think they have one as such . Their web site (http://www.southdownmarina.com/) shows no terms and conditions and I received nothing when I confirmed change of ownership of the boat

Alex Watts : So you have never signed anything as new owner?
Customer:

no

Alex Watts :

Ok - no terms means there is no contract in writing.

Alex Watts :

This means that the yard owner can not impose conditions on what you can and can not di

Alex Watts :

* do *

Alex Watts :

If you had signed a contract which limited what you could do then you would be in some difficulty.

Alex Watts :

But in this case if there is no written agreement the yard owner can't dictate what you can and can not do

Alex Watts :

Therefore on that basis there is no contract they can not stop you taking it out whatever you want

Alex Watts :

If they refuse then they are in breach of contract and you could sue for loss and damage,

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Problem is, I cannot remove the boat without their assistance and I accept that it is now practically impossible for them to do so. If I were to drop the issue now, and pay the storage fees (albeit under duress) so that the boat is at least looked after until it's release, would this prevent me from taking action once the boat is in my possession ?

Alex Watts :

No, you have 6 years to take action!

Alex Watts :

You could of course seek an injunction but that may be costly.

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