The privilege of utilizing submerged land for constructing a lasting structure or dock to accommodate large vessels, thereby granting exclusive rights to the underwater land for this specific purpose.
The exclusive right to use submerged lands by constructing a permanent structure or wharf for docking oceangoing vessels, also known as the right of wharfing out, is demonstrated in the example of a shipping company building a permanent structure on a specific stretch of river to dock their ships. This grants them sole use of the area for their shipping operations, highlighting the importance of this right for companies reliant on water transportation.
Wharfing out refers to the act of a vessel owner or operator temporarily relinquishing their right to use a specific wharf or dock space.
The right of wharfing out is the legal entitlement of a vessel owner or operator to temporarily vacate their designated wharf or dock space and allow another vessel to use it.
In most cases, wharfing out requires prior permission from the wharf owner or operator. It is important to consult the terms of any agreements or contracts in place to determine the specific requirements for wharfing out.
The right to wharf out may be subject to certain conditions or limitations set forth in agreements or contracts. If these conditions are not met, the wharf owner or operator may deny the request to wharf out.
The ability to charge a fee for wharfing out is typically determined by the terms of any agreements or contracts in place. It is important to review these documents to understand the rights and obligations regarding fees for wharfing out.
The duration of wharfing out is typically determined by the agreement or contract between the vessel owner or operator and the wharf owner or operator. It can range from a few hours to several days or weeks, depending on the specific circumstances.
The liability for damages during wharfing out may depend on the terms of any agreements or contracts in place. It is important to review these documents to understand the allocation of liability and any insurance requirements.
The ability to terminate a wharfing out agreement early may be subject to the terms and conditions outlined in the agreement or contract. It is advisable to consult legal counsel to understand the rights and obligations regarding early termination.
The ability to sublease wharf space during wharfing out may be subject to the terms and conditions outlined in the agreement or contract. It is important to review these documents to determine if subleasing is permitted and any requirements associated with it.
Failure to comply with the terms of a wharfing out agreement may result in legal consequences, such as breach of contract claims or potential liability for damages. It is important to carefully review and adhere to the terms of any agreements or contracts to avoid legal issues.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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