Liability for Loss of Property: Your Rights

Questioner

I stored a machine at my neighbor's 10 years ago. I need it again now, but it turns out my neighbor sold it two years ago without consulting me. Its current value is approximately €1,000. However, he refuses to disclose the sales price and thinks I should have picked it up sooner. Can I still claim compensation for its current value, and how should I go about it?

Questioner

You can certainly claim that. The neighbor didn't own the machine and should never have sold it. I assume the neighbor never told you to come pick it up before. In that case, it would even be considered embezzlement. You must hold your neighbor liable for at least the damages you currently suffer. This includes the price you currently have to pay for a similar machine, plus any consequential damages you suffer because you cannot use the machine. You can also claim the additional amount the neighbor sold the machine for on the grounds of unjust enrichment. However, to do so, you must know the actual selling price. It is best to make the claim in writing, preferably by registered mail so that there can be no doubt about receipt.