Recovering property
Discussion
So my father had/has a boat, one of his friends allowed him to leave the boat on a trailer on his property, in the meantime the friend unfortunately passed away and his family sold the house.
My father went to collect his boat and A) found somebody else living there, B) about his friend C) that the new owner of the boat has claimed the boat is his.
We have proof of purchase of the boat, value is around £10-15k, is this worth involving solicitors or this there a some sort of law on the new owners side?
My father went to collect his boat and A) found somebody else living there, B) about his friend C) that the new owner of the boat has claimed the boat is his.
We have proof of purchase of the boat, value is around £10-15k, is this worth involving solicitors or this there a some sort of law on the new owners side?
Kawasaki90 said:
So my father had/has a boat, one of his friends allowed him to leave the boat on a trailer on his property, in the meantime the friend unfortunately passed away and his family sold the house.
My father went to collect his boat and A) found somebody else living there, B) about his friend C) that the new owner of the boat has claimed the boat is his.
We have proof of purchase of the boat, value is around £10-15k, is this worth involving solicitors or this there a some sort of law on the new owners side?
I think unfortunately it will need more than the proof of purchase ( which by itself means little here I would have thought ) ie actual proof that your Father left the boat with his friend ?My father went to collect his boat and A) found somebody else living there, B) about his friend C) that the new owner of the boat has claimed the boat is his.
We have proof of purchase of the boat, value is around £10-15k, is this worth involving solicitors or this there a some sort of law on the new owners side?
Presumably they weren't close judging from his lack of knowledge about the death and presumably the boat was left some time ago.
Property sale details would discuss vacant possession etc but I think with or without solicitor's you will struggle.
The challenge here will be identifying whom has the correct legal title to the boat.
Your father has the original bill of sale and no doubt, the new owner of the property will be of the position that he is now the owner of the boat given its inclusion in the property sale.
Once you establish the correct title then recovery of the chattel becomes clearer.
Given the value of the boat, this needs a Solicitor to give this a once-over…
Your father has the original bill of sale and no doubt, the new owner of the property will be of the position that he is now the owner of the boat given its inclusion in the property sale.
Once you establish the correct title then recovery of the chattel becomes clearer.
Given the value of the boat, this needs a Solicitor to give this a once-over…
Yellow Lizud said:
AB said:
I'm quite sure I'd just rock up and remove the boat and worry about the repercussions later.
This was my thought too. Is the boat on a trailer? Is the trailer roadworthy? Is the whole lot easily removable?
If it is then I'd just go and get it!
AB said:
I'm quite sure I'd just rock up and remove the boat and worry about the repercussions later.
What if its behind locked gates?I asked a mate of mine - a Mr/Ms C O Pilot what the status would be if I had bought the house with the boat on it. This is the reply:
1. The boat is still owned by the deceased’s estate
Anything the deceased owned at death — including a boat left on your land — becomes part of their estate.
That means:
You do not own the boat.
The executor/administrator does.
You cannot sell, scrap, or use it as if it were yours (yet).
🧩 2. You are now an “involuntary bailee”
Under the Torts (Interference with Goods) Act 1977, when someone leaves goods on your land without permission, you become an involuntary bailee.
Your duties:
Take reasonable care of the boat.
Take reasonable steps to notify the owner (in this case, the estate).
Follow the statutory notice procedure before disposing of it.
You are not responsible for storing it indefinitely — but you must follow the correct process.
🏛️ 3. Who is the legal owner now?
Ownership sits with:
The executor (if there is a will), or
The administrator (if there is no will and probate is granted).
If probate has not yet been granted, the estate is still legally responsible for the boat.
📜 4. What you should do next
Step 1 — Identify the executor/administrator
You can check:
The probate registry (public record once probate is granted).
The solicitor who handled the sale.
The estate agent (they often know who is dealing with the estate).
The seller’s family if you have contact details.
Step 2 — Notify them formally
Send a written notice stating:
The boat is on your land.
You believe it belongs to the estate.
You require it to be removed.
You will dispose of it if not collected within a reasonable period (usually 21–28 days).
Step 3 — If no one responds
You can then follow the Torts Act disposal procedure, which legally protects you if you:
Sell the boat,
Scrap it, or
Keep it.
You must give proper notice first.
⚠️ Important nuance: “Abandonment”
Even though the owner is deceased, the estate has not abandoned the boat unless:
The executor explicitly confirms abandonment, or
You follow the statutory notice process and they fail to act.
Without that, treating it as yours risks a claim for conversion (wrongful disposal of goods).
🧠 Bottom line
You don’t own the boat. The deceased’s estate does.
But you can legally get rid of it — or end up owning it — once you follow the correct notice procedure.
If you want, I can draft:
A legally correct notice letter to the executor
A simple decision flowchart
A step‑by‑step Torts Act disposal procedure tailored to your situation
a third party is claiming ownership
A third party claiming ownership changes the legal analysis again, but the core principle remains:
You still do not automatically own the boat.
Now the question becomes whether the third party actually has legal title, and what your obligations are as the person whose land the boat is sitting on.
Here’s the correct UK legal position in this scenario.
1. A third party might own the boat — but they must prove it
Anyone can claim ownership.
But in UK law, title to goods is proven, not assumed.
They must be able to show evidence such as:
A bill of sale
A registration certificate (if applicable)
Insurance documents
Mooring or storage agreements
Photographs or records showing long-term possession
A written agreement with the deceased
If they cannot prove ownership, their claim is weak.
🏛️ 2. The deceased’s estate is still the default legal owner
Unless the third party can prove they bought or were gifted the boat before the seller died, the boat remains part of the deceased’s estate.
That means:
The estate is the legal owner.
The third party must prove a transfer of ownership.
You cannot simply hand the boat over to them without verifying their claim.
If you hand it over wrongly, you could be liable for conversion (wrongful interference with goods).
3. Your legal status: “involuntary bailee”
You are still an involuntary bailee under the Torts (Interference with Goods) Act 1977.
Your duties:
Take reasonable care of the boat.
Notify the estate and the claimant.
Avoid disposing of it until ownership is clarified.
Follow the statutory notice procedure if no owner steps forward properly.
You are not required to store it indefinitely.
4. What you should do now (practical steps)
Step 1 — Ask the third party for proof of ownership
Request evidence in writing.
If they cannot provide it, their claim is not valid.
Step 2 — Notify the executor/administrator
Tell them:
A boat belonging to the deceased is on your land.
A third party is claiming ownership.
You need direction on removal.
If probate has not yet been granted, notify whoever is handling the estate (solicitor or family).
Step 3 — If neither party acts
You can then follow the Torts Act disposal procedure, which legally protects you if you:
Sell the boat,
Scrap it, or
Keep it.
You must give proper notice first.
The correct answer is to speak to a solicitor/lawyer/whatever. Personally I suspect it'll depend on how long the boat has been there, at some point I believe it is deemed abandoned and then belongs to whomever owns the land on which it's been left, but I couldn't say for sure, I'm not a lawyer.
There are 2 alternative, wrong answers that might work despite them not being better than asking a solicitor.
A.) You can show up with some cash and try and buy the boat. Given there's a grey area over who owns it, it's not going to be easy to sell, so if you show up with £500/£1000/whatever and a towbar ready to take it away, they MIGHT take that deal.
B.) You just take the boat. If you need to cut through a lock, make sure you've got a new lock and keys in their pack, equivelant to the one you cut through, and leave it with them. The police are unlikely to chrge you with theft or criminal damage, they'll say it's a civil matter, and then you might need a lawyer/solicitor/etc to do the arguing in court.
I reckon if it's been there 20 years, and there's no formal/written agreement for it to stay there, then it's not yours anymore, but option A is still worth a try. If it's only been there a few months or a couple of years, then option B might be worth a go, given it's value, but definately don't take my advice, I'm just a pleb.
There are 2 alternative, wrong answers that might work despite them not being better than asking a solicitor.
A.) You can show up with some cash and try and buy the boat. Given there's a grey area over who owns it, it's not going to be easy to sell, so if you show up with £500/£1000/whatever and a towbar ready to take it away, they MIGHT take that deal.
B.) You just take the boat. If you need to cut through a lock, make sure you've got a new lock and keys in their pack, equivelant to the one you cut through, and leave it with them. The police are unlikely to chrge you with theft or criminal damage, they'll say it's a civil matter, and then you might need a lawyer/solicitor/etc to do the arguing in court.
I reckon if it's been there 20 years, and there's no formal/written agreement for it to stay there, then it's not yours anymore, but option A is still worth a try. If it's only been there a few months or a couple of years, then option B might be worth a go, given it's value, but definately don't take my advice, I'm just a pleb.
blueg33 said:
What if its behind locked gates?
I asked a mate of mine - a Mr/Ms C O Pilot what the status would be if I had bought the house with the boat on it. This is the reply:
1. The boat is still owned by the deceased s estate
Anything the deceased owned at death including a boat left on your land becomes part of their estate.
Except the deceased didn't own the boat, his very much alive friend did and would now like it back.I asked a mate of mine - a Mr/Ms C O Pilot what the status would be if I had bought the house with the boat on it. This is the reply:
1. The boat is still owned by the deceased s estate
Anything the deceased owned at death including a boat left on your land becomes part of their estate.
The boats been there just over 2 years, he’s been to the property twice now, and in no uncertain terms has been told the police will be called as soon as he steps foot on the land, there’s been no physical confrontation as far as I’m aware.
No written agreements, both parties are handshake types anyway and would most likely have laughed at the thought, if my dad wasn’t a stubborn so and so then I’d say lesson learnt but..
No written agreements, both parties are handshake types anyway and would most likely have laughed at the thought, if my dad wasn’t a stubborn so and so then I’d say lesson learnt but..
Kawasaki90 said:
The boats been there just over 2 years, he s been to the property twice now, and in no uncertain terms has been told the police will be called as soon as he steps foot on the land, there s been no physical confrontation as far as I m aware.
No written agreements, both parties are handshake types anyway and would most likely have laughed at the thought, if my dad wasn t a stubborn so and so then I d say lesson learnt but..
The police won't have the slightest interest, so I would'nt worry about that, it's a civil dispute at the momentNo written agreements, both parties are handshake types anyway and would most likely have laughed at the thought, if my dad wasn t a stubborn so and so then I d say lesson learnt but..
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