Ownership Rights in the Titanic

In September 1985 the R.M.S. Titanic was located, lying 2.5 miles beneath the surface of the North Atlantic Ocean, by a joint team of French and American scientists. Its discovery raises the possibility of the recovery of Titanic artefacts. This Note explores the Titanic's brief history and recent discovery, focusing on the result of a hypothetical salvage claim brought in an American federal admiralty court. Although salvage of the Titanic is feasible, Congress is currently considering a bill to declare the wreck an international maritime memorial and to regulate any research or salvage of artifacts.

Key Points

Discovery and Salvage Feasibility

Located 2.5 miles underwater, the Titanic’s salvage is technically possible but presents significant costs and logistical challenges.

Ownership Claims

Potential claimants include the Titanic’s original owners (now Cunard Lines), underwriters like Lloyd’s of London, descendants of passengers, and salvors.

Salvage Law vs. Finders Law

Salvage law allows salvors to claim a reward but does not transfer ownership, while finders law grants ownership to those who recover abandoned property, subject to proving abandonment.

Legal Precedents

Courts often prefer the law of finds in cases of long-abandoned wrecks, as the original owners have made no efforts to reclaim them.

Ethical and Memorial Concerns

Some advocate that the Titanic site be left undisturbed out of respect, leading to international discussions on preserving it as a memorial.

Legislation

The RMS Titanic Maritime Memorial Act (1985) seeks to protect the site, though enforcement remains challenging.

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Citation:
Mary S. Timpany (1987) Ownership Rights in the Titanic, Case Western Reserve Law Review, Vol. 37, No. 72

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