Marina Lien Debate: Can Your Vessel Be Detained Due to Unpaid Fees?

One of the most significant sources of conflict between marina operators and vessel owners is unpaid mooring and service fees. Due to economic fluctuations, foreign currency–based tariffs, and high maintenance costs, vessel owners may sometimes struggle to meet their financial obligations. In such cases, marinas may refuse to allow the vessel to leave until the debt is settled.

But does the marina actually have this right under the law? Can this practice be considered within the scope of a “lien”?

What Is a Lien?

A lien is a statutory security right that allows the creditor to retain the debtor’s property until the debt is paid. This right is regulated under the Turkish Code of Obligations, both within the framework of general provisions and through certain specific regulations.

Article 950 of the Turkish Code of Obligations provides that the creditor may retain the debtor’s movable property or negotiable instruments in their possession, insofar as they are related to the claim, until the debt is paid.

Accordingly:

• A lien may be exercised over movables and negotiable instruments.

• There must be a direct connection (causal link) between the claim and the property.

• The claim must be due and payable.

• The creditor only has the right of retention, not the right of sale (sale requires separate enforcement proceedings).

Example: A mechanic may refuse to deliver a repaired car until the repair fee is paid.

Likewise, by reference to Article 580 of the Turkish Code of Obligations, which regulates the lien in lease agreements, it is stipulated that the lessor’s lien shall also apply in contracts of deposit.

• This lien arises directly from the law; it does not need to be expressly stated in the contract.

• The lessor may exercise this right over movables brought into and located within the leased premises.

• The purpose is to secure the claim arising from the deposit.

Example: If a tenant fails to pay rent for a workplace, the lessor may assert a lien over the goods located in the shop.

Can It Be Applied to Vessels?

A critical point here is whether vessels are to be classified as movables.

• Vessels subject to registration are deemed immovables under the Turkish Commercial Code.

• Vessels not subject to registration are considered movables.

Therefore, a lien may be exercised on vessels that are not registered.

What Are the Legal Limits of the Marina’s Right?

Marina operators may rely on a lien to secure unpaid mooring, dry-docking, or service fees. However, this right is not unlimited. Within the framework of the Turkish Code of Obligations and the Turkish Commercial Code, the marina’s powers are subject to certain restrictions.

1. No Right to Sell the Vessel

The marina cannot unilaterally sell a vessel due to unpaid debts. A lien only grants the right of retention. Liquidation of the vessel requires enforcement proceedings or a court order.

2. Must Be Connected to the Debt

The lien is limited to obligations arising directly from the contract.If the marina’s claim is unrelated to the vessel (e.g., a separate commercial receivable), the lien over the vessel cannot be asserted.

3. Force Majeure and Safety Situations

In cases of storms, fire, or emergencies requiring evacuation, the marina cannot prevent the vessel from leaving. In such situations, the priority is the safety of life and property.

4. Principle of Proportionality

The marina must act proportionately where there is a clear imbalance between the debt amount and the value of the vessel.For example: Retaining a multi-million-value yacht over a debt of 2,000 TRY may constitute abuse of rights.

5. Must Be Based on Contract

Any restriction imposed by the marina must be grounded in a written contract. If the contract does not contain a lien clause, arbitrary practices may be deemed unlawful.

6. Consumer Protection Scope

If the vessel owner is considered a consumer (e.g., using the vessel for personal rather than commercial purposes), certain onerous clauses in the marina contract may be declared invalid if they are deemed unfair to the consumer.

What Should Vessel Owners Do?

In such cases, vessel owners should pay attention to the following points:

• Review the contract: Check whether there are specific provisions regarding a lien.

• Verify the debt: Ensure that the claim is truly due and directly related to the vessel.

• Keep payment records: Every payment should be documented with a receipt or bank slip.

• Seek an injunction in case of unlawful retention: If the marina exceeds its legal limits, you may request a preliminary injunction from the court to have the vessel released.

What Should the Marina Operator Do?

Marina operators must observe legal limits when exercising a lien for unpaid fees:

• Include provisions in the contract: The lien should be expressly stipulated; arbitrary practices without the vessel owner’s knowledge are not permissible.

• Ensure a connection to the claim: The lien may only be exercised for debts directly related to the vessel, such as mooring and service fees.

• Act proportionately: A balance must be maintained between the amount of the debt and the value of the vessel, avoiding any abuse of rights.

A marina lien frequently arises in practice due to unpaid fees. However, this right is subject to statutory limitations. Marina operators may only retain the vessel in connection with the debt; they do not have the right to sell it or to keep it indefinitely. Vessel owners, in turn, should carefully review this matter before signing a contract.

🔑 Recommendation: To prevent disputes from escalating, marina contracts should be drafted in compliance with the law, and expert legal advice should be sought when necessary.