Legal Question in Real Estate Law in California

Mechinics Lein

I am currently in the process of buying a 300ft Ship from a salvage company. The ship has not gone thru a mechanics lein as of yet and was towed away from it's location in Alemeda CA. 10 months ago with the promise of Alameda county granting title to the company that I am purchasing the ship from. This ship was towed from the Alemeda docks due to non payment of slip fees. The ex owner who still has a clean title is currently trying to sell the ship on the open market but the ship is in the possession of the Salvage company that was paid 200k to tow this from Alameda. My questions are. Can this guy legally try and sell this ship if his title appears to be clean thru the DMV. If he does sell the ship will the title be clear for the new titled owner. Or will the new titled owner run into the fees that Alameda wants from the delinquent renter?

Thank You, Chris


Asked on 12/09/08, 1:29 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mechinics Lein

As to liens on a vessel, you should try the Coast Guard, not the DMV. This isn't a vehicle.

Also, mechanic's lien is probably the wrong term. Mechanic's liens have to do with works of improvement to real property. A vessel of this kind would not be real property. Nor would an ordinary repairman's possessory lien under Civil Code 3051 apply if this is a vessel as defined in section 21 of the Harbors and Navigation Code.

If LawGuru has an Admiralty Law topic heading, I'd suggest you ask again under that topic.

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Answered on 12/09/08, 2:01 pm
David Gibbs The Gibbs Law Firm, APC

Re: Mechinics Lein

Given the size of the ship I assume 300 ft. wasn't a typo), it is almost guaranteed not a DMV titled vessel and rather is a USCG Documented (or under foreign flag) vessel, which comes under primarily Federal jurisdiction (again, unless flying under foreign flag). Even if it is an aboration, and is DMV titled, you are going to have to contact a Maritime attorney, as the issue of title and lien rights is not covered by general California Mechanics Lien Law, but rather by Federal & State Maritime Law. There are a few good firms in the Long Beach area that specialize in maritime law, as I am sure there are some in the SF Bay Area as well. Maritime law is very unique, so make sure you contact a firm that specializes in nothing but Maritime Law. Good luck - sounds like a real project.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/09/08, 2:05 pm


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