Who owns the boat?

Questioner

I'm asking this for my brother. He bought a farm in 2006. There was a small boat hanging in the barn of the farm. The boat did not belong to the previous owner, but to an acquaintance of the previous owner. My brother knew that 'famous' person himself. The acquaintance never came back to pick up the boat. My brother doesn't know if that acquaintance is still alive. The boat is still hanging there, and my brother wants to get rid of it. What to do now? Can/may my brother sell the boat?

Lawyer

No, because your brother knows that the boat does not belong to the appurtenances of the house, and he has not taken it unlawfully, because he knows that it is there for safekeeping. From a purely legal point of view, your brother must then contact the owner, preferably demonstrably, and give him a term to collect the boat, thus terminating the safekeeping agreement. He can then have the boat removed at the owner's expense.

Questioner

And what if it turns out that the owner has passed away?

Lawyer

Heirs continue his position, and take over an agreement. The agreement of custody does not have to be proven in writing but can certainly in this case be deduced from the words and description.

Questioner

So then he has to look for heirs. Thank you.

Questioner

Doesn't something like that expire? Boat has been hanging there for over 14 years.

Lawyer

5 years after the refund becomes due, no later than 20

Questioner

This answer is not clear because it concerns two numbers. When 5? When 20?

Lawyer

I can hardly say anything about that without knowing the content of the agreements about how long the boat would be kept. Suppose that is 3 years, then the agreement could have been terminated and the claim to retrieve the boat would have expired after 8 years (3+5). Now that is not clear, so I will also give you the maximum period during which the other party can claim/reclaim its property. And that is 20 years.

Questioner

I don't know how long the boat has been hanging there, but in any case it was already there (for quite some time) before 2006, the year my brother bought that farm with barn. My brother never had an agreement with 'the acquaintance' (the owner of the boat). My brother does not know what 'the acquaintance' agreed with the previous owner of the farm. (I have not yet been able to find out whether 'the famous one' is still alive or not...) Does this mean that in 2026, after 20 years, my brother can do whatever he wants with the boat? Thank you for your answers and your patience.

Lawyer

Yes, that is certainly what it comes down to. But if you write, you can formulate it in such a way that a reasonable period of storage of the boat has long since passed, reason why certain costs can be claimed, such as costs for storage, costs for removal after the notification and without the owner having responded to it. If you would like some help with drawing it up, you can also contact me directly.

Questioner

In the meantime I continued searching and someone told me that 'the famous person' is still alive. Perhaps I can find him and present the case to him. So far for now. Thanks again.