Form BRT-007 "Transfer of Boats Found Estray and Adrift" - Virginia

What Is Form BRT-007?

This is a legal form that was released by the Virginia Department of Wildlife Resources - a government authority operating within Virginia. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on May 1, 2017;
  • The latest edition provided by the Virginia Department of Wildlife Resources;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form BRT-007 by clicking the link below or browse more documents and templates provided by the Virginia Department of Wildlife Resources.

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Download Form BRT-007 "Transfer of Boats Found Estray and Adrift" - Virginia

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DEPARTMENT OF GAME AND INLAND FISHERIES - CLIENT SERVICES
P.O. BOX 9930, HENRICO, VA 23228-9930
TELEPHONE: (866) 721-6911 WEBSITE: WWW.DGIF.VIRGINIA.GOV
INSTRUCTIONS FOR TITLING/REGISTERING WATERCRAFT UNDER THE
PROVISIONS OF THE CODE OF VIRGINIA FOR ESTRAY AND DRIFT PROPERTY
To register/title a vessel under this provision requires that the boat be washed up on the applicant’s
own property or adrift in public waters.
1. If the boat has registration numbers from the Commonwealth of Virginia or from any other state,
contact that state to determine the last registered/titled owner(s)’ name and address as well as any
lienholder’s name and address.
2. Send a certified letter to that last registered owner and lienholder at the address listed in the official
records for the state in which the boat was registered/titled. The letter that you should send is
attached to this form.
3. Wait at least 30 days for a response from the last registered owner and lienholder. After 30 days have
passed, proceed with the instructions below.
4. Contact the clerk of court in the county/city in which the boat was found.
5. The Clerk shall issue warrants to three free-holders (appraisers) requiring them to view and appraise
the boat and certify their results with a description and valuation of the boat.
6. The Clerk shall post copies of the appraisal certifications at the front door of the County/City
courthouse on the first day of two terms of court after receiving the certificates.
7. If the boat is found to be valued above $5.00, the applicant must post a notice in a newspaper of
general circulation for three consecutive days. The notice should describe the boat in detail and give
instructions for how to contact the applicant to re-claim the boat. The notice should also state the
owner has until the end of the second term of court to re-claim the boat (ask the Court Clerk for a
specific date).
8. If the owner has not then appeared, the court will issue an order of award to the applicant.
9. The applicant may then make application to the Department of Game and Inland Fisheries for a
Watercraft Registration/Title by submitting the following documentation:
Application for Certificate of Title/Certificate of Number (Registration) completed and
signed.
A copy of the court order awarding the applicant the property.
The return receipt card from the post office showing a certified letter was sent to the last
registered owner and lienholder and the signature of that owner and lienholder, or if the
letter was returned as undeliverable, the unopened letter.
Copies of the advertisements that were published in a newspaper of general circulation for
three consecutive days or a verification letter from the newspaper confirming the content
of the advertisement and the days it was published.
The Completed, notarized Affidavit for Transfer of Watercraft Title and Registration By
Operation of Law.
BRT-007 Estray and Adrift May 2017
DEPARTMENT OF GAME AND INLAND FISHERIES - CLIENT SERVICES
P.O. BOX 9930, HENRICO, VA 23228-9930
TELEPHONE: (866) 721-6911 WEBSITE: WWW.DGIF.VIRGINIA.GOV
INSTRUCTIONS FOR TITLING/REGISTERING WATERCRAFT UNDER THE
PROVISIONS OF THE CODE OF VIRGINIA FOR ESTRAY AND DRIFT PROPERTY
To register/title a vessel under this provision requires that the boat be washed up on the applicant’s
own property or adrift in public waters.
1. If the boat has registration numbers from the Commonwealth of Virginia or from any other state,
contact that state to determine the last registered/titled owner(s)’ name and address as well as any
lienholder’s name and address.
2. Send a certified letter to that last registered owner and lienholder at the address listed in the official
records for the state in which the boat was registered/titled. The letter that you should send is
attached to this form.
3. Wait at least 30 days for a response from the last registered owner and lienholder. After 30 days have
passed, proceed with the instructions below.
4. Contact the clerk of court in the county/city in which the boat was found.
5. The Clerk shall issue warrants to three free-holders (appraisers) requiring them to view and appraise
the boat and certify their results with a description and valuation of the boat.
6. The Clerk shall post copies of the appraisal certifications at the front door of the County/City
courthouse on the first day of two terms of court after receiving the certificates.
7. If the boat is found to be valued above $5.00, the applicant must post a notice in a newspaper of
general circulation for three consecutive days. The notice should describe the boat in detail and give
instructions for how to contact the applicant to re-claim the boat. The notice should also state the
owner has until the end of the second term of court to re-claim the boat (ask the Court Clerk for a
specific date).
8. If the owner has not then appeared, the court will issue an order of award to the applicant.
9. The applicant may then make application to the Department of Game and Inland Fisheries for a
Watercraft Registration/Title by submitting the following documentation:
Application for Certificate of Title/Certificate of Number (Registration) completed and
signed.
A copy of the court order awarding the applicant the property.
The return receipt card from the post office showing a certified letter was sent to the last
registered owner and lienholder and the signature of that owner and lienholder, or if the
letter was returned as undeliverable, the unopened letter.
Copies of the advertisements that were published in a newspaper of general circulation for
three consecutive days or a verification letter from the newspaper confirming the content
of the advertisement and the days it was published.
The Completed, notarized Affidavit for Transfer of Watercraft Title and Registration By
Operation of Law.
BRT-007 Estray and Adrift May 2017
DEPARTMENT OF GAME AND INLAND FISHERIES - CLIENT SERVICES
P.O. BOX 9930, HENRICO, VA 23228-9930
TELEPHONE: (866) 721-6911 WEBSITE: WWW.DGIF.VIRGINIA.GOV
Code of Virginia
Title 55; Chapter 11
55 -202
- Estray, or boat adrift, to be valued and described
55 -203
- Valuation, etc., to be recorded and posted
55 -204
- When landowner, etc., entitled to the property
55 -205
- Right of recovery by former owner
55 -206
- When landowner, etc., not liable
55 -207
- Who entitled to drift property
55 -208
- Conditions on which owner may remove it
55 -209
- When owner of land may sell drift property; owner of property entitled to proceeds after
payment of expenses, etc
55 -210
- Right of property to be proved
§ 55-202 Estray, or boat adrift, to be valued and described
Any person may take up an estray found on his land or a boat or vessel adrift. He shall immediately
inform the court not of record, or clerk thereof, of his county or corporation, who shall issue warrants to
three freeholders, requiring them under oath to view and appraise such estray or boat or vessel, and certify
the result, with a description of the kind, marks, brand, stature, color and age of the animal, or kind,
burden and build of the boat or vessel.
§ 55-203 Valuation, etc., to be recorded and posted
The freeholders shall return their certificate, with the warrant, to the clerk of the circuit court of the
county, or clerk of the corporation court of the city, who shall record the same in a book kept for that
purpose and post a copy thereof at the front door of his courthouse on the first day of two terms of court
next after receiving the certificate.
§ 55-204 When landowner, etc., entitled to the property
If the owner of such property has not then appeared and the valuation thereof be under five dollars, or if
such valuation is as much as five dollars and the owner shall not have appeared after the certificate has
been published as aforesaid and also three times in some newspaper published nearest to the place where
such property was taken up, it shall belong in either case to the owner of the land on which it was so
taken, if an estray, or to the person taking it up in the case of a boat or vessel.
§ 55-205 Right of recovery by former owner
The former owner may at any time after recover the valuation money except the amount of the clerk's and
printer's fees and such compensation for keeping the property as shall be certified under oath by any two
freeholders in the county or corporation where the property was valued to be reasonable, and also fees of
the justice of the peace and the freeholders for services rendered by them.
§ 55-206 When landowner, etc., not liable
If such estray die or any such property be lost to the owner of the land or person taking it up, without his
fault, he shall not be liable for the same or its valuation.
BRT-007 Estray and Adrift May 2017
DEPARTMENT OF GAME AND INLAND FISHERIES - CLIENT SERVICES
P.O. BOX 9930, HENRICO, VA 23228-9930
TELEPHONE: (866) 721-6911 WEBSITE: WWW.DGIF.VIRGINIA.GOV
§ 55-207 Who entitled to drift property
When any property, not mentioned in §
55-202
is drifted on any of the waters of this Commonwealth and
deposited and left on the lands of any person other than the owner of such property, the owner of such
land shall, as against all persons other than the owner of such property, be deemed and treated, and have
the same rights and remedies relating thereto, as such owner thereof.
§ 55-208 Conditions on which owner may remove it
The owner of such property, after he shall have paid to the owner of the land a just compensation for any
proper care, labor or expense bestowed, done or incurred by him about such property, but not before, may
enter upon the land and, doing as little injury as possible thereto, remove the property therefrom, but shall
pay the owner of the land for any damage caused to him by such entry and removal.
§ 55-209 When owner of land may sell drift property; owner of property entitled to proceeds after
payment of expenses, etc
If the owner of the property shall not, within three months from the time the same was so deposited,
remove or demand the property from the owner of the land, the owner of the land may sell the property or
otherwise convert it to his own use; but the owner of the land after deducting a just compensation for any
proper care, labor or expense bestowed, done or incurred by him about the property from the amount
received by him as the price thereof, or the actual value thereof at the time of such sale or other
conversion, shall pay to the owner of the property, if he shall elect to receive it, the residue of the price or
of the actual value, as the case may be. The owner of the property, after he shall have demanded such
residue, and proved by the affidavit of some other person, or by a competent witness, his right thereto, or
offered to prove such right, and the owner of the land shall have refused or declined to inspect or hear the
evidence thereof, but not before, may recover such residue, when the property has been sold, as money
received for his use, or, when the property has not been sold, as the price of goods sold by the owner of
the property to the owner of the land, or he may have his action of trover to the extent of such residue.
§ 55-210 Right of property to be proved
In any action, suit, prosecution or controversy about any such property, the person, other than the owner
of such land, claiming to be the owner of the property, must prove his ownership in order to sustain his
claim.
BRT-007 Estray and Adrift May 2017
DEPARTMENT OF GAME AND INLAND FISHERIES - CLIENT SERVICES
P.O. BOX 9930, HENRICO, VA 23228-9930
TELEPHONE: (866) 721-6911 WEBSITE: WWW.DGIF.VIRGINIA.GOV
AFFIDAVIT FOR TRANSFER OF WATERCRAFT TITLE AND REGISTRATION
BY OPERATION OF LAW
As Required by §29.1-717.2 of the Code of Virginia
Date________________________
Virginia Title No._______________
NOTE: This affidavit is required for transfer by operation of law of the title or interest of an owner to a
watercraft previously numbered and titled under Chapter 7 of the Code of Virginia.
I/We hereby certify that the following information is true and correct to the best of my (our) knowledge:
1.
That the vessel described herein has legally come into my (our) possession by means of:
______________________________________________________________________________________
(legatee, distributee, joint tenant, bankruptcy, execution sale, repossession, or court order)
on the ______________day of _____________________________________________, 20________ from:
______________________________________________________________________________________
(Name)
(Address)
2.
a. The certificate of title previously issued for the watercraft is attached.
b. The certificate of title is unavailable and a certified letter requesting the title was sent to the previous
owner at his last known address. (Attach certified mail receipts and letter if returned unopened.)
c. That the lienholder has been contacted and the lien has been satisfied. (Attach written proof from
lienholder that lien has been satisfied).
d. If purchased, a copy of the bill of sale is attached.
3.
That based on the above certifications and the attached evidence of my/our ownership of said vessel,
_____________________________________________________________________________________________
(List Attachments)
I/We request that a Watercraft Registration/Title for the watercraft described below be issued in my/our name(s):
VA No._____________________ Make___________________________________ Model Year________________
Length______________________
Hull
Identification Number___________________________________________
Name of Applicant(s)____________________________________________________________________________
________________________________________________________________________
Signature of
Applicant(s)_________________________________________________________________________
______________________________________________________________________
STATE OF VIRGINIA
City/county of ________________:
On this ________day of ___________, 20________ before me personally appeared the affiant(s) signing above,
acknowledged and made oath that the matters set forth in the foregoing affidavit are true.
_______________________________________
___________________________________________
(Notary Public)
(My Commission Expires)
(Seal)
BRT-007 Estray and Adrift May 2017
DEPARTMENT OF GAME AND INLAND FISHERIES - CLIENT SERVICES
P.O. BOX 9930, HENRICO, VA 23228-9930
TELEPHONE: (866) 721-6911 WEBSITE: WWW.DGIF.VIRGINIA.GOV
Commonwealth of Virginia
Code of Virgi nia
§ 29.1-717.2. Transfer by Operation of Law. - In the event of a transfer by operation of law of
the title or interest of an owner in and to a watercraft numbered and titled under the provisions of
this chapter, the transferee or his legal representative shall make application to the Department
for a certificate of title therefor, giving the name and address of the person entitled thereto, and
accompany such application with the certificate of number and certificate of title previously
issued for the watercraft, if available, together with such instruments or documents of authority,
or certified copies thereof, as are required by law to evidence or effect a transfer of title or
interest in or to chattels in such case. The Department shall cancel the certificate of number and
title of the watercraft and issue a new certificate of number and title to the person entitled
thereto.
For purposes of this section, transfers by operation of law shall include transfers to anyone as
legatee or distributee or as surviving joint owner or by an order of bankruptcy or insolvency, or
transfers by execution sale, sales as provided for in § 43-34, repossession upon default in the
performing of the terms of a lease or executory sales contract or transfers pursuant to any written
agreement ratified or incorporated in a decree or order of a court of record, or otherwise than by
the voluntary act of the person whose title or interest is so transferred (1989).
BRT-007 Estray and Adrift May 2017
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