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If a Dutch yard keeps your yacht over an unpaid invoice, it is usually exercising a retentierecht, a right of retention under Article 3:290 Dutch Civil Code. If you dispute it, full security, and kort geding if the yard refuses it, is usually the way to release the yacht without paying the disputed part. As a Dutch lawyer at MAAK Advocaten in Amsterdam, I advise foreign owners and yards.
In English this is sometimes loosely called a yard’s lien; under Dutch law it is a right to hold the yacht, with general rules under right of retention under Dutch law.
Which law decides whether a Dutch yard can keep your yacht?
Two laws can apply. The law of your contract with the yard decides whether a right of retention arises and what it covers. Dutch law decides whether, and how far, the yard can enforce it while the yacht lies here.
That split is in Article 10:129 Dutch Civil Code. The Court of Appeal of ‘s-Hertogenbosch applied Dutch law to a Belgian-registered sailing yacht at a Dutch yard because both the contract and the location pointed to it (9 August 2016, ECLI:NL:GHSHE:2016:3600, interim judgment, para. 3.4.1).
When may a yard keep your yacht until you pay?
When three conditions are met. The yard has a claim that is due, the claim is sufficiently connected to its duty to return the yacht, and the yard actually controls the yacht.
The connection test comes from Article 6:52 Dutch Civil Code. Courts apply all three conditions to yachts (District Court of Midden-Nederland 19 September 2022, ECLI:NL:RBMNE:2022:3724, para. 4.4). Three points:
- Earlier jobs can count. For a yacht dealer that regularly had boats stored and repaired, the yard could hold one yacht for its storage and repair invoices, including those for other boats (‘s-Hertogenbosch 2016, para. 3.6.2). Without such an explanation, only the claim for this yacht counts (Court of Appeal of Arnhem-Leeuwarden 4 December 2018, ECLI:NL:GHARL:2018:10557, para. 4.10).
- Storage costs can be added, but only reasonable costs of caring for the yacht (Article 3:293 Dutch Civil Code; Arnhem-Leeuwarden 2018, paras. 4.11–4.12).
- Control is a matter of fact. A boat moored at the yard’s own jetty with the keys on board, which the yard was still working on, was under its control (Midden-Nederland 2022, paras. 4.9–4.10).
What if you dispute the yard’s invoice?
A dispute about the invoice does not by itself stop the yard from holding the yacht. Who is right about each item is a question for full proceedings, not for the provisional relief judge.
As the sub-district court held, unpaid and usually disputed invoices are exactly what a right of retention is based on (District Court of Noord-Holland 29 April 2026, ECLI:NL:RBNHO:2026:4404, para. 4.4). If Dutch law governs your contract, you also have arguments on the bill itself. A yard may exceed an estimated price (richtprijs) by no more than 10%, unless it warned you in time (Article 7:752(2) Dutch Civil Code). It can charge extra work only if it told you in time that the price would rise, unless you should have understood that yourself (Article 7:755).
Your yacht is at the yard, the season is running, and you are in another country. That is frustrating. My first step is therefore not the court, but an overview:
- I want the quote, the order confirmation, the invoices and every message about extra work.
- We split the bill into what you accept and what you dispute.
- You pay the undisputed part; for the disputed part we provide security.
Then the ball is in the yard’s court. The discussion about the bill continues, but without your yacht being held hostage.
How do you get your yacht released while you are abroad?
You have four routes: pay in full, pay under protest, provide security for the disputed amount, or bring kort geding (summary proceedings) for release. Adequate security as a rule ends the yard’s right to hold the yacht.
Once security is provided, the right to suspend performance lapses, unless payment would be unreasonably delayed as a result (Article 6:55 Dutch Civil Code). Through Article 6:57, this also applies to a right of retention. The security must properly cover the claim and, where there are grounds for it, interest and costs, and the yard must be able to recover from it without difficulty (Article 6:51(2)).
| Route | What it achieves | Watch out for |
|---|---|---|
| Pay in full | Yacht released at once | Recovering an overpayment takes new proceedings |
| Pay under protest | Yacht released, dispute stays open | Put your reservation in writing |
| Security (bank guarantee or lawyer’s third-party account) | Right to hold the yacht lapses as a rule (Art. 6:55), not if Art. 6:264 applies | Cover the disputed amount plus interest and costs |
| Kort geding for release | Court can order the yard to release | Best chance with full security on the table |
If the disputed amount is substantial, I prefer offering security over paying under protest. That means a bank guarantee or a deposit into a lawyer’s third-party account (derdenrekening) for the full disputed amount, plus interest and costs. Your money is not gone, and we argue on equal terms.
But where the yard suspends under Article 6:262 or 6:263, Article 6:55 does not apply (Article 6:264).
Is your yacht stuck at a Dutch yard? Put your situation to our yachting lawyers in the Netherlands.
When does kort geding against the yard succeed?
In the published cases, when the owner had offered full, sound security and the yard refused it. Release against payment of only the part the owner accepted failed in both yacht cases discussed below.
The provisional relief judge (voorzieningenrechter) can grant immediate relief in urgent cases (Article 254(1) Dutch Code of Civil Procedure); see how Dutch summary proceedings work. For a held motor yacht and a held motorboat, courts accepted urgency (District Court of Overijssel 22 September 2014, ECLI:NL:RBOVE:2014:5386, para. 4.1; Midden-Nederland 2022, para. 4.1). Outcomes:
- Refused: release against payment of only the part the owner considered due, because the dispute required a factual inquiry (Midden-Nederland 2022, para. 4.11; Overijssel 2014, para. 4.10).
- Granted: after part payment and a P&I guarantee for the rest, a repair yard holding a sea-going ship was ordered to stop exercising its right of retention, on pain of a penalty payment (dwangsom) (District Court of Rotterdam 23 October 2018, ECLI:NL:RBROT:2018:9070, para. 3.3).
You can lodge an appeal against a kort geding judgment within four weeks (Article 339(2)).
I do not go to court with only the undisputed part. With a bank guarantee for the full amount, you stand much stronger. The question is then no longer who is right about the bill, but why the yard still holds your yacht.
Can the yard hold the yacht against a buyer or a financier?
Often. It binds anyone who acquired a right after the claim arose and the yacht came under the yard’s control, and an older right holder, such as the owner, if whoever ordered the work was authorised or the yard had no reason to doubt that.
That follows from Article 3:291 Dutch Civil Code. The buyer of a motor yacht under construction, lying in a paint shop’s shed, had to accept the right of retention (Arnhem-Leeuwarden 2018, paras. 4.6–4.8). So did an owner whose spouse had ordered the repairs (Noord-Holland 2026, para. 4.3).
That is why my advice before you buy a yacht in the Netherlands is: check where it lies. If it is at a yard, have the yard confirm in writing that nothing is outstanding. It costs one e-mail and prevents months of discussion.
Does the yard get paid first if the yacht is sold?
Not by virtue of its right of retention under Dutch law. For ships, including yachts, the usual priority of a party holding goods does not apply. The yard may still keep the yacht until it is paid or receives security.
For ships (Articles 8:1, 8:2 and 8:3 Dutch Civil Code), sea-going and inland, the priority under Article 3:292 is excluded (Article 8:210a and Article 8:820a); holding the yacht remains possible (Arnhem-Leeuwarden 2018, para. 4.9). If a registered ship’s proceeds are distributed in the Netherlands after a bankruptcy or enforcement sale, the law of the registry state decides whether a claim is privileged. Priority over a mortgage applies only if Dutch law grants it too (Article 10:160(2)).
If the yacht leaves the yard’s control, the yard can reclaim it as an owner could (Article 3:295). Taking it away yourself is therefore no shortcut.
Example: a refit in Friesland with extra work
Suppose a Swedish owner has his motor yacht refitted in Friesland on an estimated price, under Dutch law. The final invoice is well above the estimate and the yard holds the yacht. This is an illustration, not a real case.
He pays what he accepts, offers a bank guarantee for the rest and notes the extra items he was not warned about (Articles 7:752(2) and 7:755). If the yard refuses, he seeks release in kort geding (Article 6:55).
Acting for the yard: how far can you go?
You may hold the yacht for work on that yacht and for reasonable storage costs (Articles 3:290 and 3:293 Dutch Civil Code), as long as you keep it under your control.
A yard that did good work deserves to be paid. My checklist for yards with a foreign client:
- keep the keys and, if needed, a chain;
- specify which invoices concern this yacht;
- charge a reasonable storage fee;
- take a full bank guarantee seriously.
In kort geding before the District Court of Noord-Holland, I acted, with a colleague, for a fulfilment company that exercised a contractual right of retention over a client’s wine stock. The provisional relief judge refused the claims for release: the right of retention was not exercised disproportionately (6 October 2026, ECLI:NL:RBNHO:2026:13196, para. 4.8).
When do you need a Dutch lawyer?
As soon as the yard tells you in writing that the yacht will not be released, or, as a yard, once a client prepares to leave without paying. Whether an advocaat is required depends on the court and on your role in the case.
Outside cases for the sub-district judge (kantonrechter), parties can only litigate through an advocaat (Article 79(2) Dutch Code of Civil Procedure). A defendant in kort geding may appear in person, but cannot be represented by anyone other than an advocaat (Article 255(1)). In cases for the kantonrechter, such as money claims up to €25,000, that judge can also grant provisional relief, and parties may act in person (Articles 93, 254(5) and 79(1)).
As a Dutch lawyer at MAAK Advocaten, I use the first days to put the documents in order, work out what is undisputed and propose security the yard cannot reasonably refuse. If that fails, I bring the kort geding. You want to sail or to be paid; we take the legal side off your hands. If the conflict is about the build or refit itself, read about a yacht dispute with a Dutch yard.
What are the first steps to get your yacht back?
Start from your goal: the yacht back, or your invoice paid. As a law firm in Amsterdam, we work in four steps for owners and yards; I mostly work in English.
- Review the quote, invoices and messages; separate undisputed from disputed.
- Propose payment and security (bank guarantee or third-party account).
- If needed, kort geding for release, or the defence against it.
- Settle the invoice dispute by agreement or in full proceedings, at first instance and on appeal.
Frequently asked questions
Can a Dutch yard keep my yacht if I dispute the invoice?
Yes, if a claim for work on that yacht is due and unpaid and the yard controls the yacht (Articles 3:290 and 6:52 Dutch Civil Code). A dispute alone does not change that.
Does a bank guarantee force the yard to release my yacht?
As a rule, yes, if it covers the disputed amount plus interest and costs and payment is not unreasonably delayed (Articles 6:51 and 6:55). The rule does not apply where the yard suspends under Article 6:262 or 6:263 (Article 6:264).
Which law applies if my contract with the yard is not Dutch?
The law of your contract decides whether a right of retention arises. Dutch law decides how far the yard can enforce it while the yacht lies in the Netherlands (Article 10:129 Dutch Civil Code).
Can I just take my yacht away from the yard?
I advise against it. A yard that loses control can reclaim the yacht as an owner could (Article 3:295 Dutch Civil Code).
Does the yard have priority if my yacht is sold?
Not under Dutch law on the basis of its right of retention: for sea-going and inland vessels that priority does not apply (Articles 8:210a and 8:820a Dutch Civil Code). For a yacht registered abroad, the law of the registry state can play a role (Article 10:160).
Primary sources
- Article 3:290, Article 3:291, Article 3:293 and Article 3:295 Dutch Civil Code: right of retention
- Article 6:51, Article 6:52, Article 6:55, Article 6:57, Article 6:262, Article 6:263 and Article 6:264 Dutch Civil Code: suspension and security
- Article 7:752 and Article 7:755 Dutch Civil Code: estimated price and extra work
- Article 8:1, Article 8:2, Article 8:3, Article 8:210a and Article 8:820a Dutch Civil Code: ships; no priority for the retaining party
- Article 10:129 and Article 10:160 Dutch Civil Code: applicable law to a right of retention and to privileged claims on a registered ship
- Article 79, Article 93, Article 254, Article 255 and Article 339 Dutch Code of Civil Procedure: representation, sub-district cases, kort geding, appeal deadline
- District Court of Overijssel (provisional relief judge) 22 September 2014, ECLI:NL:RBOVE:2014:5386: release of a motor yacht refused
- Court of Appeal of ‘s-Hertogenbosch 9 August 2016 (interim judgment), ECLI:NL:GHSHE:2016:3600: applicable law, connection and third-party account
- District Court of Rotterdam (provisional relief judge) 23 October 2018, ECLI:NL:RBROT:2018:9070: security ends a repair yard’s right of retention over a sea-going ship
- Court of Appeal of Arnhem-Leeuwarden 4 December 2018, ECLI:NL:GHARL:2018:10557: buyer, storage costs, no priority
- District Court of Midden-Nederland (provisional relief judge) 19 September 2022, ECLI:NL:RBMNE:2022:3724: control, part payment not enough
- District Court of Noord-Holland (sub-district judge) 29 April 2026, ECLI:NL:RBNHO:2026:4404: disputed invoices, order given by a spouse
Is a Dutch yard keeping your yacht, or is a client about to leave without paying? Send me the quote and the invoices: call +31 20 210 31 38 or send your question through our page for Dutch yachting lawyers. — Remko Roosjen
