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ARTICLE · 24 AUGUST 2021

Wrecks – Certain Obligations & Legal Duties

We sometimes hear of stories of people going out to sea on one boat and returning to port with another boat or part of another in tow.

MaltaTransport

We sometimes hear of stories of people going out to sea on one boat and returning to port with another boat or part of another in tow. Several years ago, I personally witnessed a small fishing boat towing in a thirty foot plus wooden sailing boat in Mgarr Harbour, which the owner of the fishing boat claimed to have found drifting a couple of miles off Gozo with no one on board.

How does the law regulate such a situation? Can the person who finds a vessel adrift make it his own? What about vessels that have washed up ashore or have sunk? Is it truly a case of ‘finders keepers'? What if the owners turn up?

Unmanned vessels found adrift are generally considered to be items of ‘wreck' as are vessels found washed ashore, sunken, or otherwise stranded. Any object belonging to or cargo carried on board such a vessel and which is stranded, sunken or adrift at sea are also considered to be part of a wreck. Therefore, the law does not limit a ‘wreck' to the wrecked

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