The “purchase of a mooring” requires knowing that the period of enjoyment of the right on it is not permanent, as well as the terms of use of it which may vary from one seascape to another. Once decided where to moor, depending on supply, it must be decided between the purchase of a preferential right of use or a rent. Renting may be a good decision since it is not necessary to perform a down payment and it allows the flexibility to change of marina, if wished.
In this article, we will discuss some of the basic aspects which a buyer should know and which should be taken into consideration when taking the decision of purchasing a mooring.
When a “mooring is purchased”, what is really being acquired is the “preferential right of use” of it. That is to say, what is obtained as a holder is the right to moor a yacht in the mooring for a period of time which will be fixed in the purchase contract.
Generally, the right extends until the end of the “administrative grant” but it can also be for a shorter period. The conditions governing the right of usage are normally regulated in the assignment contract subscribed between the concessionaire and the right holder and in the regulation of exploitation and use of the marina. Both the assignment contract of preferential right of use and the exploitation regulation and use of the marina should comply with the assignment contract and the effective legislation on the subject.
Moorings are located in what is called “domaine public maritime or demanio marítimo terrestre”, that is to say, in the sea shore. In the Mediterranean this area has public nature and is owned by the State. In order for an individual, for example, the management company of a marina, to be able to construct and operate a port, it is necessary that the State grants him a concession.
Concessions are granted for a number of years and the marina manager has to pay a “fee” for it to the State. The port may be managed by a private company through a concession or directly by the Administration. The concessionaire can sell the use of the port moorings to different users through an assignment contract of preferential right of use on moorings.
Before purchase it is important to carefully analyze which are the rights and duties which involve the mooring tenure which will appear reflected in the assignment contract concluded between the concessionaire and the user and in the exploitation and use of the port regulation.
Between the existing rights it is very important to know exactly if there is any possibility to rent or to lend to third parties the moorings, to sell them without limitations and the tolerances in length and beam of the vessel that occupies them. Within the duties, the most important one is without doubt the payment of the expenditure of maintenance and utilities. It is important to be able to have a certain control over them.
As we said, administrative grants which the State gives to entities which exploit marinas are granted for a specified period of time.
Once the concession period comes to an end, the facility reverts to the State without the preferential right of use holder preserving any right. That is to say, the right is strictly maintained until the concession ends. Some regional regulations allow the preferential right of use holder to acquire again the right of use paying a certain price.
Before purchase it is important to carefully analyze which are the rights and duties which involve the mooring tenure which will appear reflected in the assignment contract concluded between the concessionaire and the user and in the exploitation and use of the port regulation.
Between the existing rights it is very important to know exactly if there is any possibility to rent or to lend to third parties the moorings, to sell them without limitations and the tolerances in length and beam of the vessel that occupies them. Within the duties, the most important one is without doubt the payment of the expenditure of maintenance and utilities. It is important to be able to have a certain control over them.
With thanks to the subject matter expert for this article and we highly recommend his services:
Yamandu Rodriguez Caorsi
Lawyer (Marine Engineer / Master 500 GT
Nauta Legal Abogados
Barcelona