Abandoned vessels are an increasingly common problem for ports, harbours and marina operators.

Whether left due to financial difficulties, neglect or disputes, these vessels can create operational, safety and environmental risks, as well as practical frustrations for those responsible for managing harbour space.

Understanding your legal position

Dealing with abandoned vessels is not always straightforward. Operators must balance their need to act with the legal rights of vessel owners.

Key considerations often include:

• Whether the vessel is genuinely abandoned
• The terms of any berth licence or agreement
• Statutory powers available to harbour authorities

Acting too quickly can create legal exposure, while delays can increase risk and cost.

Practical and safety risks

Beyond the legal position, abandoned vessels can present real-world challenges.

They may:

• Obstruct berths or navigation routes
• Deteriorate and pose safety hazards
• Create environmental risks, particularly if fuel or waste is involved

This makes it important to have clear procedures in place for assessment and action.

Taking proportionate action

In many cases, a staged approach is the most effective.

This might involve:

• Attempting to trace and contact the owner
• Issuing formal notices
• Relying on contractual or statutory powers where necessary

Good record-keeping is essential throughout, particularly if action is later challenged.

Prevention is better than cure

Operators can also reduce risk by taking steps at the outset, including:

• Ensuring berth agreements are robust and up to date
• Including clear rights of removal and cost recovery
• Monitoring vessels and acting early where issues arise

How we can help

Our LA Marine team advise ports and marina operators on managing abandoned vessels, including enforcement options and drafting robust berth agreements.

If you are facing issues with abandoned or derelict vessels, we can help you take practical, legally sound steps to resolve the situation.