Legal Question in Real Estate Law in California

Here's my situation: I am the legal owner of a 36' boat that was gifted to me by a "partner" as compensation for money that was owed to me. My partners name is still considered the registered owner and he had control of warehousing and maintaining the boat. Unbeknownst to me that boat was kept on property that had change of ownership and now has had a lien on it for 7.5 months. What are my rights are the legal owner to the boat..For example, Will I be able to move the boat without paying the storage fees ($66 per day)? ... How do I remove the lien?


Asked on 1/18/11, 6:51 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Assuming that the person imposing the storage charge initially told the registered owner of the boat that there would be a storage charge, you are stuck with having to pay it. It is not the fault of the storage facility owner that title was not transferred and he was not informed who the actual owner was. Find out if he was told who the owner was or that he should have contacted you, as then he has some fault for the storage and it would reduce how much he can collect. You might also be able to argue with him about the amount of the daily charge; cal around and find out how mluch others would charge for storage and see if his storage is filled up so that he could have instead rented it out to some one else.

Check what type of lien it is. He can not impose a judgment lien without first getting a judgment. See if he followed all the steps to get a storage lien.

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Answered on 1/24/11, 9:05 am


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