Before you tie up
- Slip and storage fees give the marina a lien on the boat.
- After 30 days unpaid, a marina holding the boat may sell it at public sale, with notice.
- A boat left at a private marina more than 60 days without consent counts as abandoned.
- Keep your contact details current with the marina and on your registration.
Nobody plans to fall behind on slip fees or leave a boat behind, but it happens: a job changes, an owner dies, a boat stops being worth what it costs to keep. Maryland has two sets of rules for these situations. One is the lien law, which lets a marina recover unpaid charges from the boat. The other is the State Boat Act’s definition of an abandoned vessel. Knowing both helps owners avoid losing a boat, and helps buyers of cheap boats understand where they came from.
The lien for wharfage and storage
Under section 16-202 of Maryland’s Commercial Law Article, any person who, with the consent of the owner, has custody of a boat and, at the owner’s request, provides a service to or materials for the boat has a lien on it for charges incurred for:
- repair, rebuilding, maintenance, servicing, or wet or dry wharfage;
- storage; or
- parts or accessories.
The lien arises when the charges are incurred. Under section 16-203, the marina may keep possession of the boat until the charges are paid or the lien is otherwise discharged under the law, and it must notify known lenders with a perfected security interest within 45 days after a boat lien is created.
The public sale
Section 16-207 sets out when and how a boat can be sold to satisfy the lien. If the charges are due and unpaid for 30 days and the lienor is in possession of the boat, it may sell the boat at a public sale, held in a place convenient and accessible to the public between 10 a.m. and 6 p.m. Before the sale:
| Step | What the law requires |
|---|---|
| Newspaper notice | Once a week for the two weeks immediately before the sale, in a newspaper of general circulation in the county |
| Mailed notice | By registered or certified mail at least 10 days before the sale |
| Who gets the letter | The owner and all holders of perfected security interests; if the owner’s address is unknown, the person who incurred the charges |
| What the notice says | The time, place and terms of the sale and a full description of the boat |
Section 16-206 gives an owner who disputes any part of the charges two options: start court proceedings, which stays enforcement of the lien until the dispute is decided, or get the boat back immediately by filing a corporate bond for double the amount claimed with the clerk of the court in the county where the services were provided. If you receive a notice and believe the charges are wrong, speak to a lawyer quickly, because the timelines are short.
Tip: If you are struggling to pay, talk to the marina before the 30 days pass. A payment plan or a move to cheaper storage is almost always better for both sides than a lien sale.
When a boat counts as abandoned
Maryland’s State Boat Act, in section 8-721 of the Natural Resources Article, defines an abandoned or sunken vessel by where it is left and for how long:
| Where the boat is | Abandoned after |
|---|---|
| Public property, including public marinas, docks or boatyards | More than 30 days left illegally or without permission |
| A private marina or private boatyard | More than 60 days without the consent of the owner or person in control |
| A private dock, or at the water’s edge on private property | More than 30 days without consent |
| Other private property | More than 180 days without consent |
A boat found adrift or unattended that is in disrepair, a hazard to navigation or a potential health or environmental hazard can also count. The Department of Natural Resources may seize and remove abandoned or sunken vessels and must send notice by certified mail and try to reach the registered owner and any alternate emergency contact by phone or email.
Abandoning a boat is itself an offense
Section 8-725.2 says a person may not abandon a vessel, as defined in section 8-721, on any waters of the State. Walking away from a boat is not a way out of its costs.
How owners stay out of trouble
- Keep your mailing address, phone and email current with the marina and on your Maryland registration; the application asks for contact details for emergencies and for boats at risk of being treated as abandoned.
- Agree in writing with the marina if the boat will stay after a lease ends.
- If you are selling, make sure the buyer takes the boat or signs up with the marina.
- Talk to the marina early if you cannot pay.
If you are buying a boat from a lien sale
Ask for proof that the notices were given and that the sale followed the statute, and check the title situation with the state before you pay. The titling rules are in Registering and Titling a Boat in Maryland, and what to read in a lease before any of this happens is in What a Boat Slip Agreement Should Say.