Liens, mortgages and encumbrances

A mortgage, a maritime lien or a marina debt can follow a boat to its new owner. Check them before you pay, and clear them at closing.

Updated 24 Oct 2026 2 min read

Key points

Mortgages are registered against the boat in its register.
Maritime liens can include crew wages, port fees and social security debts, according to Spanish legal sources.
A marina can hold a boat for unpaid fees.

What can be attached to a boat

A registered mortgage. The seller's lender holds a charge on the boat until the loan is repaid. See Financing a yacht in Europe: marine mortgages and leasing.
A maritime lien. Debts such as crew wages, social security contributions and port fees can attach to the boat. A Spanish law firm lists proof that the seller is current on these as part of a sale file.
Marina or yard debts. A marina or a boatyard can retain a boat for unpaid fees or repairs.
Court orders or tax charges against the owner.
A lease or charter arrangement that gives a third party rights over the boat.

How to check

Ask the seller in writing whether any loan, lease, charge or debt exists.
Ask for a current register extract that shows registered charges. See Checking ownership.
Ask the marina and the yard for a statement that the account is paid.
For a UK Part I boat, check the register for mortgages. The Small Ships Register does not record them. See UK Part I vs SSR.
Put a clause in the agreement: the boat is sold free of charges, and the seller pays any found.

If there is a loan

Ask the seller to request a payoff letter from the lender. At closing, the money goes first to the lender, which signs a release of the mortgage, and the remainder goes to the seller. A neutral holder of the funds can arrange this in one step. See The deposit: how escrow protects you and Closing, paying off finance and de-registration.

What if you find a lien after closing

You may inherit the debt, and the boat may be arrested in a port. That is why you check before you sign. A seller who warrants clear title in the agreement gives you a claim, but a claim is slower and less certain than a clean file.

Also useful at step 4 Checking ownership

General information, not legal, tax or financial advice. Rules change; check your own case with a professional or ask us.