Marina Berth Sub-Leaseholds:
Understanding the Complexities

In a Nutshell….

Marina berth transactions are often misunderstood, as they typically involve sub-leases rather than outright ownership. We recently consulted on a case requiring a thorough review of marina berth sub-leaseholds, untangling a web of contracts, entitlements, and legal intricacies. Our expertise helped clarify lease structures, rights, and obligations, ensuring our client made an informed decision. With our deep knowledge of marina berths, including hands-on experience in maritime environments, House Finda is well-equipped to assist with berth lease, sales, and purchase negotiations.

The Challenge

One of our recent interesting consulting roles had us needing to review marina berth sub-leaseholds. This area of real estate is not often well known. Many marina berths may be bought and sold, however, what in effect is transacting is a lease, often with the head lease holder, who may be a marina-owning entity or an incorporated club such as a boat club or yacht club. Interestingly, the actual structure is often a lease of the seabed, direct from the relevant government agency (which can be different depending on which state of Australia we are talking about).

The Strategy

These ‘leases’ often have a drop-dead date and are back-to-backed with the marina entity lease and ultimately the seabed lease. In between can live a myriad of add-on contracts around infrastructure, rights of access and entitlements, by-laws and procedures as well as inclusions and limits on things such as electricity and/or water. They can also include allowances or disallowances under the lease of rights to live aboard, as some owners choose to do on their boats.

The Outcome

Our team has experience in this space, having helped negotiate some sticky situations for our clients in the past. Indeed, with one of our directors holding a Coxswains NC commercial license and spending a bit of time on the water himself, you can be assured that no matter the size of the job or the type of assistance you need, House Finda can assist you with your marina berth lease, sales, or purchase.