When a ship is not registered in the shipping register at the land registry (registered), the owner does not need to visit a notary for the transfer. Nevertheless, we can advise on the content of the purchase agreement even in that situation. With such an unregistered ship, the buyer becomes the owner of the ship after payment of the purchase price and the actual delivery. Here, the buyer must trust that the person selling him the ship is also the owner and is actually authorised to deliver the ship, or that he, the buyer, will not have to deal with creditors of the former owner afterwards.
The situation is different when a ship or houseboat is registered. By being registered, the ship or houseboat becomes registered property. For registered property, the law stipulates that transfer can only take place by notarial deed. A copy of the notarial deed must then be registered in the shipping register at the land registry.
The notarial deed gives the seller and buyer legal certainty. We examine whether the seller is authorised and can transfer without a mortgage or other limited rights. The seller therefore knows that the purchase price is available when the delivery is completed, while the buyer knows that he will not lose the purchase price until the delivery is also a fact.
For more information on the delivery of ships or houseboats, please contact us. We will be happy to help.
pkooijman@kooijmanautar.nl
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