Boat sharing agreement: three or more owners

This agreement covers any situation where three or more people or sets of people share ownership and use.

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About this document

This agreement covers any situation where three or more people or sets of people share ownership and use of a boat for leisure.  The agreement has been drawn to as to regulate occupation where only one owner occupies the boat at one time.  However, there is nothing to prevent a second owner sharing time with another owner.

We offer two versions here.  One is for a situation where only two parties share - two individuals or two families, or whatever. The other is designed for more than two parties.  Other document is linked right.

Even if ownership of your boat is registered with some organisation, the particulars will not record the shares in which the boat is held.  So If you own 60% and I own 40% we have to record that in some other document.  If we do not do so, “the Law” will assume we own in the shares in which we contributed to the purchase price.  This may or may not be the same thing.  These Net Lawman agreements specifically record the shares.  They also record shares which may be owned by someone who is not a registered owner. Such an interest is called a beneficial interest.

Application and features

  • Comprehensive fractional ownership document for any type of boat or yacht
  • Sensible and practical provisions for shared ownership
  • Written in plain English
  • Explanatory notes to guide you

Contents

  • Terms of beneficial interest - beneficial trusts provision
  • Price and payment for the Boat
  • How many people allowed into occupation at one time and who they may be
  • Who and how will manage payment of expenses
  • Management of the Boat
  • Management structure ordered by annual meetings of the owners, possibility of proxy voting, and more
  • Undertakings by the parties
  • Alternative exit strategies, including for a share to be sold to a third party, after offering it to all other owners
  • Effect of termination
  • What if someone wants to sell his share or sell the Boat
  • Other legal provisions
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current New Zealand law.

NZ-COMsho06 - Boat sharing agreement: three or more owners

 
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