Q: If someone is holding onto your vessel and has been instructed to release your vessel and they do not, can you remove it

A: The answer to this questions would depend on numerous factors, such as where is the vessel being held, does the person holding it claim any right to it, how it would be removed, etc? You should consult with a lawyer about the particular facts and circumstances of this matter before taking any action. If you believe the person is holding on to your property without any right to do so, you can contact local law enforcement to make a complaint as well.

A: Yes, under U.S. Federal law, if someone is instructed to release a vessel but fails to do so, the owner can legally remove the vessel. This is supported by case law where the courts have addressed similar situations involving the retention and release of vessels.

The key term is has the instruction come from a legal authority.

For instance, in cases where a vessel has been wrongfully detained or held, the rightful owner has the legal right to reclaim their property. This is evident in scenarios where the vessel's detention was based on misunderstandings or wrongful claims by another party . Additionally, the courts have recognized the owner's right to act to protect their property, which includes removing their vessel if it is being unlawfully withheld after a demand for its release.

Moreover, the legal framework allows for actions to be taken to enforce the release of a vessel, including filing for orders that mandate the release and, if necessary, taking physical possession of the vessel if it is being wrongfully held.

Therefore, if an owner faces a situation where their vessel is not released as instructed, they have legal grounds to remove it, ensuring they comply with any specific legal requirements or procedures that may apply to their case for that removal including involving law enforcement for its release.