A fifteen-metre sailing yacht has occupied a berth in the port of Pointe-à-Pitre for two years. Nobody goes aboard any more, the mooring lines are wearing through and the hull is taking on water. The port wants its berth back; a former boatyard is chasing an unpaid invoice; the owner cannot be reached.
When is a vessel abandoned?
The French Transport Code sets two cumulative criteria. The vessel must be in territorial waters, internal maritime waters, within the limits of a port or on the foreshore; and it must present a danger or obstruct maritime, coastal or port activities for a prolonged period (Article L. 5141-1 of the French Transport Code). Abandonment itself is inferred from the absence of crew on board or the lack of any arrangements for guarding and moving the vessel (Article L. 5141-2 of the Transport Code). A vessel that is merely laid up and kept under watch is not abandoned.
Formal notice and action by the authorities
The State administrative authority may requisition the persons and property needed to end the danger. Where the owner, shipowner or operator, having been served with formal notice, fails to act within the time allowed, the competent authority (and, within ports, the port authority) may take action at the owner’s cost and risk; in an emergency, the measures are carried out by the authorities of their own motion (Article L. 5141-2-1 of the Transport Code).
Forfeiture and sale
Where abandonment is prolonged, the State administrative authority may declare the owner’s rights forfeited (Article L. 5141-3 of the Transport Code). The vessel may then be sold, or transferred for dismantling, once two months have passed since the decision was published, subject to the rights of preferred and mortgage creditors (Article L. 5141-4 of the Transport Code).
The proceeds go first to unpaid port dues, the costs of intervention, guarding and moving the vessel, and the costs of sale (Article L. 5141-4-1 of the Transport Code). Other creditors come next, according to their ranking.
For the owner and for creditors
An owner who has received formal notice has every reason to respond: it can still sell the vessel itself, have it towed away or put its affairs in order. Creditors, for their part, must come forward before the sale to assert their maritime lien or mortgage. A creditor who stays silent may find the proceeds swallowed by the port’s costs.
What the firm checks first
- Whether the criteria for abandonment are met.
- The formal notices received and their deadlines.
- The port’s claims and their amount.
- The liens and mortgages encumbering the vessel.
- The owner’s options before forfeiture.
For the firm’s services, see Advice to shipowners and yacht owners.
Further reading
- Crew abandoned in a French port: wages, repatriation and financial security
- Forcing the sale of an arrested ship: enforcement and judicial auction
- Shipowner in receivership or liquidation: filing a claim and what happens to the vessel
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Can the port sell an abandoned boat?
Once the State authority has declared the owner’s rights forfeited, the vessel may be sold or transferred for dismantling after a period of two months (Articles L. 5141-3 and L. 5141-4 of the Transport Code).
Who is paid first out of the proceeds?
Port dues, intervention costs and the costs of sale (Article L. 5141-4-1 of the Transport Code).
Is a vessel that is laid up but kept under watch abandoned?
No. Abandonment requires that there be no crew, or no arrangements for guarding and moving the vessel (Article L. 5141-2 of the Transport Code).