following a recent conversation about lost boards: if a board washes up on the beach or you find one floating in the ocean what about salvage rights. If you find a craft on the water with no one on it i think the craft is your because of salvage. Does anyone know about this? does it apply to kite surfing
Rights Schmights. If I found a board and claimed salvage rights I'd surely be struck down by karma. My kite line that my leash is attached to would snap, the wind would go offshore and I would be dragged out to sea, ironically losing my own board on the way.
If you're looking for what the law states, I can't help you, but I know what I'll be doing if I find a board
Treat others how you would want to be treated yourself. I'd advertise the board but leave out specifics that only the true owner would know, eg. colours, dimensions, specific markings etc. If it isn't claimed after a 6 months do what you want with it i guess. If you do wrong by others karma's gonna get you sooner or later There are a lot of bad people out there but why lower yourself to their level?
A mate of mine lost his board at sea and repoted it to the police and local cash converters store as lost... Lo and behold some poor unsuspecting guy picked up off the beach some 8km away (4 days later) didn't even know what it was and took it to cashies, thinkin he'd get a carton for his efforts... They called the cops and he was nearly charged with "stealing by Finding" ... Apparently it's an offence much the same as normal Theft.. So maybe instead of checking these stores after the fact to see if they have your gear you should report it as missing before it comes in the door.
A board is not unlike a car - just because the owner is not standing on it, does not mean someone can take it. The person who owns it continues to own it, even if they loose possession of it. However, there is a proceedure in the law to help solve the problem where someone finds something and cannot locate its owner. I can't recal the details exactly, but am pretty sure you have to take it to the police and report it found. You leave your name, and if they can't locate the owner within a certain period, they will give it back to you, and you will not have stolen it (ie - not guilty of a crime). I don't think this makes it your board though - so if the original owner turns up and claims it even after this period, well, they still actually own it.
Last thing to consider - from the owner's perspective, it remains his or her board - however, if the person who 'found' it goes and sells it to a third person who did not know that it had been 'found' - that is, they thought they were buying it fron the owner, then they will effectively be the new owner. That third person is known as a bona fide third party purchaser for value, and the law looks after then. The original owner would be left with a claim against the 'finder' for the value of the board (maybe).
Hope this helps. Its been a while since I practiced law in this jurisdiction, so don't rely on any of this. If you want actual legal advice then you will probably have to pay for it!
Ultimately, the law should not dictate your conduct - the law is for the lowest common denominator in society - kiters conduct themselves according to their own higher ideals - if you find a board, you should do what you can to return it to its owner, and the owner should do what he/she can do to buy you a carton!
Quite simple really, If you mark your board kite or anything else that might disappear with an id mark e.g Your licence number engraved somewhere then salvage right are prettey much excluded as they mainly apply to items that are either difficult(very) to bring to harbour or unidentifiable and unclaimed.....however they do have civil implications in that the boat that finds a kite/board slash ????? in the middle of the bay or ocean is entitled to ask for resonable???? costs for the salvage and return. To be negotiated by both parties. Theft by finding encompasses the "karma law" i.e. if you find something of value you must make a reasonable attempt to locate the owner prior to claiming the item as your own. This may include lost and found notices in the region or newspaper ads. The best way is to drop it at the local cop shop and wait till they then give it to you. Save your own ass!!!!
My brother had a copper mate who worked at a large suburb police station, when i needed a new tredly and skateboard my brother would get some details off Mr. Copper and i fronted the silly constable at the front counter and reported my 'lost bike'.
Moral: some police arnt too straight and i had a nice 'redline'
Half those are bull** mate , i was with your mama most nights when they allegations took place. and one night i spent the whole time hiding in the cupboard so your daddy wouldnt find me.Rofl.
It would be a good idea if WAKSA gave each member a unique serial number, and you tagged your gear.
Once found, contact WAKSA and the very pleased owner could reclaim their prized possesion, and a case of beer to the honest person returning it. Just an idea.
Greetings all. Dont Know about Queensland Richo,but Victoria has a 3 month rule.If ya find something,drop it into the police,they take your details and check there database to see if it's been reported(lost or stolen).Just proir to end of the 3 months they check the datsbase again and if it's still not listed,they ring ya and ya go and pick it up,"it's yours".
Half those are bull** mate , i was with your mama most nights when they allegations took place. and one night i spent the whole time hiding in the cupboard so your daddy wouldnt find me.Rofl.
Dude, that snap is so old, the last time I heard it my grandfather was still wearing a leather condom.
In tannum we dont seem to have these sort of problems,it may take a couple of weeks but the gear tends to turn up at either the shop ,surf club or a mate of a mate whos heard that you kite and do you know who owns it or the the council dude puts it in his shed.God bless small communities.
He richo, did you forgot about the board you left behing at loaders last summer, I carted it around in my car for several weeks until I found an owner. There was no mention of salvage rights then. I suggest if anybody finds a board or any kiting gear, they shoud do there best to find the owner. The favour might be returned to you some day.
Richo is that cashed up iv seen him destroy a kite just so he doesnt have to roll the stupid thing up. He aint called Richo for nothing and i thinks he's the man behind Fitzy(oooh richo may like dat)
that might explain the ambulance tint on richo's car! rumour has it there are a few salvaged items in the back including a crusty pair of knickers from way back in the day when he "picked up" (supposedly)
Here in Adelaide we don't lose boards, thats what ur mates are for.
Is anything in cash converters NOT stolen, one of our kiteshops here got broken into. A kite turned up in cash converters from the shop lablled as a parachute for $350.
Do what you know is right, try and find the rightful owner. I lost my kiteboard that I spent hours building myself and would be extremely stoked if someone gave it back to me. They would earn themselves a carton and some bloody good karma!
