QUESTION

What do I need to do to regain joint property that was removed from my property without my concent?

Asked on Dec 15th, 2012 on Civil Litigation - New York
More details to this question:
I am joint owner of a boat titled in Both our Names. The boat was removed from my property without my concent. The boat is registered to me, insured to me and titled to both of us. Is there a legal route that I may take to retreive this boat back in my posession. I was told that it is Legal for me to simply drive over and take it as I am joint owner but could a trespassing order be filed against me as the boat now sits on property that is rented month to month?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It depends on from whom you are taking it, whether you can do so without entering private property, and whether you can do so without breach of peace. If the other joint owner -- who is lawfully in possession of it -- has it, then your retrieval of it without a court orderfrom prviate property may be wrongful.
Answered on Dec 15th, 2012 at 9:57 PM

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