Get your sailboat back: Legal advice

Questioner

Dear all, The problem that is happening is that my ex partner (since 4 weeks) does not want to return my property (sailing boat). We have had quite a few disagreements in the meantime. I already informed him 2 weeks ago that I want to get my sailing boat back, but he forbids me to come to his leased land, which means I cannot get to the sailing boat. Is he obliged to give me the opportunity to retrieve MY sailboat (proof of purchase available) to my own place of residence?

Lawyer

Yes, he is obliged to do so (unless he can prove that there is a gift or something). I advise you to have him summoned to do so by registered letter and threaten to report the matter to the police. If you want, I can write to him on your behalf, that often works better and faster.

Lawyer

There may even be a criminal offence here, namely embezzlement. If your ex-partner was allowed to have the boat and now refuses to return it, he is making himself liable to punishment. You can report this to the police. I say this with reservations and with emphasis on 'possible', because it does depend on the actual facts. Also, very pragmatically: If you are not allowed/able to reach the boat via his property, can you perhaps reach the boat via public water?

Lawyer

Of course, and if necessary with the help of the strong arm.

Questioner

The sailboat is hemmed in by its boats, so that will be difficult. If I simply join forces and enter his territory, am I doing something punishable? Is not a closed area, because customers of his company also come. Parking lot available.

Lawyer

Yes, you are then guilty of trespassing (or actually: trespassing). You have already been denied access to his property.

Lawyer

The 'strong arm' (police) will not take action until there is a verdict and a bailiff calls in the public prosecutor and police for the execution. Taking the law into your own hands is not a good idea at all, dangerous and punishable. You will really have to send him a registered letter demanding access to and surrender of the boat and threaten to report the matter to the police and take legal action if he fails to do so.

Lawyer

As I said if necessary, one of the last measures meant and indeed you must announce that you are coming to collect your property. If you have left the management of the boat to your spouse, you are still entitled to the enjoyment and use of the boat and your spouse must execute this agreement of assignment, see the oa article 1:90BW, and if already separated 100BW if separated.