Onder 2.20. Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba 10 maart 2023

"In any case your clients are currently occupying the parcels without legal right or title and have to vacate. Article 18 under 11 of the Long Lease Ordinance states that in case there is no agreement to re-issue the right of long lease, the right of long lease will be freely available to Sint Maarten (in Dutch: 'binnen drie maanden na beeindiging van het erfpachtrecht ter vrije beschikking van Sint Maarten worden gesteld'). As such, on the basis of this article the right of long lease became available freely to Sint Maarten three months after expiry (therefore on December 21, 2018). The rules of article 5:98 Civil Code are in fact more favorable to your clients, as it allows for additional time for your clients to remain on the parcels. Additionally, as per article 15 under a, the Minister can declare the right of long lease to have lapsed (in Dutch: 'vervallen verklaard') in case long lease fees are not paid within three months. It is abundantly clear that your clients have not paid any long lease fees for an extended period of time, far beyond the three months mentioned in this article, and as such the right of long lease of your clients is hereby declared to have lapsed, in so far as necessary."

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