Legal Analysis: Sinking Date of Tenace Impacts Ownership Rights

The exact date of the sinking of the Tenace is difficult to determine; however, recent developments could make it a matter of great importance. Indeed, according to the Navigation Code, a vessel that has sunk and remains at the bottom for 365 days becomes “res nullius,” and anyone who touches it thereby becomes its owner.

This means that if the pontoon had rested on the seabed of the Lido Gulf before March 29, 2000, the Comitato Manifestazioni Rivane would have lost the title of ownership, which would then pass to whoever handled its movement. In that case, even the recovery cost imposed by the province, which the committee—composed of volunteers and entirely incapable of handling such expenses—would not have to bear, and the bill should instead be addressed to Piazza Dante.

Legal Issues and the Date of Sinking

There is no doubt that the Tenace has sunk: as long as the vessel no longer floats but rests on the seabed, its sinking is legally established. It does not matter if a part, more or less significant, emerges from the water.

No doubt either about the loss of ownership: it is sufficient that there are no living beings on board. The only uncertainty concerns the date. The order to the Rivano Committee could turn into a boomerang for the province that issued it.