PO left item at our new house, any ideas?

yoder519

Well-Known Member
Joined
Feb 1, 2010
Location
Abingdon, VA
Ok, so long story short. But first, I'll go ahead and say I screwed up, coulda shoulda done this that blah blah. I should have gotten it in writing. I'm young and didn't listen is what it boils down to. We have lived here now for about 4 months.

Anywho, me and my wife recently bought a farm, in the sale contract from the auction, it lists some things that don't convey. Appliances, carport, tractor, a certain piece of heavy equipment etc. PO asked if it was ok if he got the piece of heavy equipment after closing, said it may take a little while it currently didn't run. I said that's fine. Anyways, has anyone been in this situation? I feel he's not gonna get it. Does it legally become mine after x amount of time? Or since it said it didn't convey does he got unlimited time? It's kinda in my way now, and starting to aggravate me that he's got free storage on my land. And yes it's my fault, believe me I've heard it all. I don't wana be a prick, but sometime I guess you have to. Any ideas on how to handle it?
 
There are abandon property laws that are there but I'd look into your area and see how they apply to your sale. In assuming you have some type of legal advisor in your sale ask them if there's a timeframe til it can be considered yours, probably not though. I'd also get in touch with him and tell him he needs to remove it or you'll go through the process of having it removed or take possession. Some people need to be moved along, never know maybe he forgot?
 
I say try to make contact and you and him arrange a date for it to be gone. If date ain't meet, buy a torch and scrap it and say "what excavator" when he comes looking for it. Chances are it's not high on his list or it'd been running before house was sold.
 
Yea I really wish I would have got it in writing at first. It's been setting there for 8 years that I know of. I just assumed he would be quick to get it because it's definately not cheap. He has sent a few messages a couple months back about trying to make arrangements. He's no do it yourselfer, so I'm thinkin he feels he got his money out of it already, got some quotes to have it fixed and don't wana spend the money. I could use it and really get some work done, but I don't wana fix it and him come and get it. There really was no legal advisor, the bank done the closing on it, no realtor involved. I guess the attorney that done the closing could possibly help.
 
yoder519 said:
I guess the attorney that done the closing could possibly help.
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This.
State and even county law will rule the day here.

What I *suspect* a lawyer will do is send a certified letter stating you have given ample time to remove it and starting on 30 days from notice you will begin charging $100/day for storage fees.
Then you have a couple of leverage points. He will also include a forfeiture date. Make sure he includes a notice not to damage your property when he picks his equipment up.

I learned this from a SC judge: "Does not convey does not mean can remain"...

Good luck and please keep us posted how this plays out. I am always interested in disputes like these.
 
And more info on the equipment please. I know a guy who likes that kind of stuff :D
 
NCGS 4 § 116B-53

Time is 5 years from time of abandonment. If I were you, I would serve a legal notice indicating 30 days to remove, or it will be moved to another location to be held in custody. Failure to claim within the 5 year period: notice, disposal.
 
Just read on the VA website about the 5 year deal. Thanks Ron I figured there had to be a law in place for the does not convey deal. It's D6, I got about 4 acres of 5-6 year growth it could demolish so I can run more cattle, and I got a feeling it would be quicker than a chain saw. I've bush hogged what I could the rest is to heavy. He's a real nice guy and I hate to be that way but he's had plenty of time I feel to at least make an effort or keep me posted about it. I also "know a guy" that is a family member that's also a heavy equipment mechanic:D. I should have listened to y dad in the beginning and got it in writing, but I didn't. You know what they say, if ifs and buts were candy and nuts we'd all have a merry Christmas. I figure I'll let him go til the end of November and if he's still not contacted me about it I'll get the ball rolling.
 
ckruzer said:
NCGS 4 § 116B-53

Time is 5 years from time of abandonment. If I were you, I would serve a legal notice indicating 30 days to remove, or it will be moved to another location to be held in custody. Failure to claim within the 5 year period: notice, disposal.
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NCGS 4 § 116B-52 (11) would seem to indicate that the "property" in question does not comply with the requirements of 116B-53....but Im just a jailhouse attorney and never sat for a BAR.

Plus with this all being in VA none of this matters
 
Ron said:
NCGS 4 § 116B-52 (11) would seem to indicate that the "property" in question does not comply with the requirements of 116B-53....but Im just a jailhouse attorney and never sat for a BAR.

Plus with this all being in VA none of this matters
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the keywords there are "or other...". truthfully the spirit is more or less used with escheated estates. but applies to real and personal property if you read through. didnt see the va location. (read: pre-coffee).

honestly, i would simply give the 30 day notice with confirmed delivery with signature. Afterwards I would arrange for disposal
 
I noticed to that in va, on the PDF that I read, "abandoned property" is mainly talking about cashiers checks, pay checks, inheritance, benefits of some sort etc. then says "other property". Looked to me like it was mainly aimed towards businesses. Says the property should be turned over to the county for the waiting period of 5 years. I don't see the county coming to get a d6 to hold it for 5 years for free. So guess it all boils down to me listening to far more educated people on these types of things.
 
yoder519 said:
I noticed to that in va, on the PDF that I read, "abandoned property" is mainly talking about cashiers checks, pay checks, inheritance, benefits of some sort etc. then says "other property". Looked to me like it was mainly aimed towards businesses. Says the property should be turned over to the county for the waiting period of 5 years. I don't see the county coming to get a d6 to hold it for 5 years for free. So guess it all boils down to me listening to far more educated people on these types of things.
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Which is why I'd send a storage fee agreement.
$100/day. It is reasonable and customary for equipment that size. It is also reasonable and customary to move equipment held in storage. If you move it through a briar patch...well it was the shortest way.

Have you tried picking up the phone and negotiating?
 
jeepinmatt said:
I know a guy who likes that kind of stuff :D
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Which makes me wonder for those less morally and ethically inclined than the fine folks on NC4x4...during this time frame where the PO's stuff is on your property, what does happen if it goes missing, gets damaged, someone falls and gets hurt on it, etc etc??? Who's responsible then. Does the new owner assume responsibility since he said it was ok to stay. Or is the PO to blame since he didn't move his stuff?
 
Responsibility is clear - it is upon the real property owner. It is up to the real property owner to take necessary measures to prevent injury to guests and trespassers. If you do not intend to quickly handle this, it would behoove you to fence it off, or otherwise protect it from the public and potential theft. You have contracted yourself into the position as caretaker for someone else's property in which you failed to specify the contractual relationship and liabilities in the execution thereof.

Would you presume to understand the intricacies of a surgeon and his tool choices, and presume to define the proper arrangement for a successful surgery? Many can understand the details of a new car they are about to buy, but often understand very little of the contract they are about to sign.

You never know who you are talking to... Go find your "far more educated people" on Main Street. Dont expect help from others with that attitude.

A little FYI, as you obviously have never studied law. The spirit of the law in this case is often in regard to landlords and property of previous tenants. The abstract principles of which apply in this case. Different sections of a statute often are written in regard to one common subject matter, and often the use of "other" is used as a broad stroke of the brush to apply to everything. Wherein case law would dictate the applicability.

The worse thing you can do here is operate from "i think". Make the calls. Give the legal notices. Contact your Main Street attorney to do it for you if you lack the knowledge or fortitude. With very little effort, there is no reason why abandoned property on your land should still be there 30 days from this date.
 
Call the guy. I didn't read anybody else's replies so that's what I've got for you. Treat him the way you would want to be treated. I don't see the point in lawyering up yet. Say, "Listen, this thing has been sitting here for 4 months and it's now in the way of projects we want to do. Would you mind coming and getting this thing out of the way?" If he says sure then set a firm date. If that day comes and goes then call back with this message, "I saw you never came to pick up this hunk of shit so I sold it. Thanks for the early Christmas present."
 
ckruzer said:
Responsibility is clear - it is upon the real property owner. It is up to the real property owner to take necessary measures to prevent injury to guests and trespassers. If you do not intend to quickly handle this, it would behoove you to fence it off, or otherwise protect it from the public and potential theft. You have contracted yourself into the position as caretaker for someone else's property in which you failed to specify the contractual relationship and liabilities in the execution thereof.

Would you presume to understand the intricacies of a surgeon and his tool choices, and presume to define the proper arrangement for a successful surgery? Many can understand the details of a new car they are about to buy, but often understand very little of the contract they are about to sign.

You never know who you are talking to... Go find your "far more educated people" on Main Street. Dont expect help from others with that attitude.

A little FYI, as you obviously have never studied law. The spirit of the law in this case is often in regard to landlords and property of previous tenants. The abstract principles of which apply in this case. Different sections of a statute often are written in regard to one common subject matter, and often the use of "other" is used as a broad stroke of the brush to apply to everything. Wherein case law would dictate the applicability.

The worse thing you can do here is operate from "i think". Make the calls. Give the legal notices. Contact your Main Street attorney to do it for you if you lack the knowledge or fortitude. With very little effort, there is no reason why abandoned property on your land should still be there 30 days from this date.
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What put the burr under your saddle.
You seem to be combining responses from 2 separate folks into one and thinking they are the same person.

And regarding the "never know who you are talking to" line....I think everyone knows you are a lawyer or want to be thought of as one if not. You go out of your way to make that clear.
 
Ron said:
What put the burr under your saddle.
You seem to be combining responses from 2 separate folks into one and thinking they are the same person.

And regarding the "never know who you are talking to" line....I think everyone knows you are a lawyer or want to be thought of as one if not. You go out of your way to make that clear.
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Ive mentioned it once. Whatever.

Already a frustrating day. Sub-par attitude when asking others for help is frustrating. Should not have lashed out.

Just not gunna post anymore. Laters
 
I dont think he was having an attitude when he said "far more educated"...I think he was being 100% genuine. He recognized that you and his closing attorney were, in fact, far more educated on the law.

You might have "mentioned" it once, but it was easily inferrable by anyone with a brain
 
Hell what farm did ya buy in Abingdon I may know the guy that use to live there. I'll be in town sat if ya want need some help moving it to the PO's new location!!! Lol McCrackens post is best option tho in my opinion if he isn't up for reasoning and moving it offer your services for payment to move/scrap it for him! If ya need a hand over weekend gimme yell (540) 641-84twotwo!
 
McCracken said:
Call the guy. I didn't read anybody else's replies so that's what I've got for you. Treat him the way you would want to be treated. I don't see the point in lawyering up yet. Say, "Listen, this thing has been sitting here for 4 months and it's now in the way of projects we want to do. Would you mind coming and getting this thing out of the way?" If he says sure then set a firm date. If that day comes and goes then call back with this message, "I saw you never came to pick up this hunk of shit so I sold it. Thanks for the early Christmas present."
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This. Do exactly this.

Possibly change the "I sold it" to "it's gone", but otherwise, do this.
 
I have no idea what it would cost to fix it and get it running, but can you place a value on having the land cleared that you want to attain for cattle? Does that cost benefit you if you got it running and cleared your land then tell to remove it with a certain time period or its forfeit.

I'd start by working with the guy. Maybe it can benefit you and become a dick if he still won't get it off your property.
 
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