Who Owns Items In Canadian Lakes

[ron_cooper]

I have been told that anything lost in a lake is still owned by the original person or insurance company if they have paid out on it. Can anyone tell me how if I find and recover an item, say for instance a boat or sea-doo in a lake that the item becomes mine.

 

[dendya]

I know a friend who recovered an expensive piece of machinery from the depths. It was owned by an insurance company by then. He sent a bill for salvage costs to the company, they said he could keep it. Canadian location and company BTW.

Good luck

 

[tachyon]

You probably want to consult with an attorney there concerning inland salvage rights. For instance, if you salvage a Sea-Doo; the insurance company will most likely abandon the property to you in lieu of paying a salvage fee on the watercraft. Same is true with a boat or other property.

You don't have finders rights to the property, but you should have salvage rights; which means that they will have to pay you for recovering property that they were happy to leave at the bottom of the lake.

Inland salvage is a queer bird, though. I would highly recommend checking with an attorney before undertaking actual recovery operations. Sometimes you are better off contacting the insurance company or owner prior to recovery, as they may abandon claim before you recover the property; which will save you the heartache and stress of having to go through post-recovery negotiations. Be sure to get everything in writing, though.

Tachyon
I am not a lawyer, and I didn't stay at a Holiday Inn Express last night...

 

[The Horn]

All items are the property of the Receiver of Wrecks for Canada. If you find something you wish to salvage from the lake bottom you need to apply to them and give data concerning the object. They will do a search and determine if the article or Wreck is owned by an insurance company, has historical value or is already under claim. If the item is of an insured nature you can contact the insurance company to explain your intent to salvage or salvage the item and hope they want to pay you for your troubles. If they do not want to pay you for the item (they already have salvage plans in place and you went in and got it (lawsuit)) or they write it off and you keep it.

If you salvage an item, you have to turn it into the receiver of wrecks and they keep it for one year while they sort out ownership. If it is of historical nature you will never get it back and may get into some trouble if the site was protected. If the item is unclaimed you get to keep it (like turning something over to the police.)

There are several organizations that will cause you dispare if they feel they should have the object. Say you find and anchor and want to keep it. Receiver of wrecks collects it and it is inspected by the Canadian Historical Society. They feel it is of less than historical significance to them in general but the anchor has a place in the history of a local town or area the the local Heritage Society gets involved.....ugh.

Plus if they let you keep it they may place costs on it for preservation etc.

If you are looking to raise things like snow mobiles and other similar items you will probably end up keeping it as insurance would not want to pay salvage costs on submerged machinery and then have to sell it off. It may end up being junk.

In some cases it is best to keep your mouth shut if you can.....
There is also a need to contact enviroment Canada if you plan on raising logs for use in making lumber etc. They have to do an impact study and then they will issue a permit for each and every log....yikes

 

[bwerb]

I can send you my address if you want...some people find it easiest to simply send me the stuff.

 

[ron_cooper]

I am only looking at newer items, lost within a few years. I am of the opinion that if it could end up being an artifact or even interesting for future divers it would stay where it it. Basically look but don't touch.

 

[Randy43068]

I'll be glad to sell them a license..

 

[Amphibious]

Diving for Profit in ontario is illegal unless you have a commercial diver's licence. (recreational scuba instruction excepted)

this only applies if you want to sell what you salvage.