TITLE XLI
LIENS

Chapter 450-A
LIENS ON VESSELS, BOATS, AND VESSEL OR BOAT MOTORS

Section 450-A:1

    450-A:1 Storage. – Any person who maintains a public boatyard, marine dealership or the like for storage and care of vessels, boats, or boat or vessel motors brought to his premises or placed in his care by or with the consent of the legal or equitable owner shall have a lien upon said vessel, boat, or boat or vessel motor so long as the same shall remain in his possession, for the proper charges due him for storage and care of the same or labor.

Source. 1977, 349:1, eff. July 1, 1977.

Section 450-A:2

    450-A:2 Labor. – Any person who shall by himself or others perform labor, furnish materials and expend money in repairing, refitting, equipping or otherwise performing labor or expending money or materials on any vessel, boat, or boat or vessel motor under a contract, expressed or implied, with the legal or equitable owner shall have a lien upon such vessel, boat, or vessel or boat motor so long as the same shall remain in his possession, until the charges for such repair, materials or accessories, money or the like so used or expended have been paid.

Source. 1977, 349:1, eff. July 1, 1977.

Section 450-A:3

    450-A:3 Hauling or Transportation. –
I. Any person who maintains a public boatyard, marine dealership or the like who shall, by himself or others, haul, transport, move or expend money in hauling, transporting or moving a vessel, boat, or vessel or boat motor under a contract, expressed or implied, with the legal or equitable owner shall have a lien upon such vessel, boat, or vessel or boat motor so long as the same shall remain in his possession, until the charges for said services have been paid.
II. In the event such person performing services described in this section relinquishes possession of said vessel, boat, or vessel or boat motor, the lien created by paragraph I shall thereupon terminate, and such person shall thereafter have a non-possessory lien in said vessel, boat or vessel or boat motor which shall continue for 2 years from the time the indebtedness became due and payable. Such non-possessory lien shall be subordinate to all prior and subsequent security interests perfected in accordance with RSA 382-A, Article 9, and to the rights of subsequent purchasers for value without actual notice of such lien. It shall be enforceable by suit at law against the debtor commenced within such 2-year period, and to which all persons claiming a legal or equitable interest in the vessel, boat, or vessel or boat motor are made parties. If the lienholder shall peaceably regain possession of such vessel, boat, or vessel or boat motor within such 2-year period and, if the rights of a purchaser for value without actual notice have not intervened, then such lien may be enforced by sale in accordance with RSA 450-A:4, except that the proceeds of any such sale shall be first used to satisfy any security interests hereinbefore mentioned to which such lien is subordinate.

Source. 1977, 349:1, eff. July 1, 1977.

Section 450-A:4

    450-A:4 Notice and Sale. – If any of the charges referred to in this chapter shall remain unpaid for 60 days, the lienholder in possession may sell such vessel, boat, or vessel or boat motor at public sale. Notice of such sale shall be given in accordance with RSA 444:3 and 4 and, in addition, a written notice of the sale shall be served, at least 14 days before the sale, upon any holder of a security interest in such vessel, boat, or vessel or boat motor filed in accordance with RSA 382-A, Article 9, stating the time and place of the sale, the property to be sold and the amount of the lien thereon. Any such holder of a security interest shall be entitled to redeem the property prior to sale by payment of the amount of the lien. The balance of the proceeds of such sale, after first paying the amount of the lien and the reasonable expenses incident to the sale, and after satisfaction of any security interests filed in accordance with RSA 382-A, Article 9 shall be paid to the general owner or person entitled thereto, on demand.

Source. 1977, 349:1, eff. July 1, 1977.

Section 450-A:5

    450-A:5 Abandoned Boats, Vessels, or Vessel and Boat Motors. – Any person who maintains a public boatyard, marine dealership or the like shall have a lien for rental and other reasonable charges for any vessel, boat, or vessel or boat motor abandoned on his premises, so long as the same shall remain in his possession. Such person shall, after a vessel, boat, or vessel or boat motor remains unclaimed after a period of 30 days, within 10 days after the expiration of that period, report the same as unclaimed to the nearest police station on a form prescribed by the department of safety. After reporting same, if such vessel, boat, or vessel or boat motor shall have been abandoned for a period of 90 days, said person may sell the same at his place of business at public auction for cash. The owner of the same may reclaim the same before its sale by paying the charges incurred, and the person selling same shall post notice of such sale at 2 or more public places in the town where the property is stored, 14 days at least prior to the sale. The balance of the proceeds of sale, if any, after payment of the amounts of the liens for said abandonment and the reasonable expenses incident to the sale shall be paid to the owner of such vessel, boat, or vessel or boat motor or his legal representative if claimed at any time within one year from the date of such sale. If such balance shall not be claimed within said period, it shall be paid into the state treasury for the use of the state.

Source. 1977, 349:1, eff. July 1, 1977.