Horses on Property

twabscs · Jul 16, 2005

Hi All,

Here's my issue: I recently purchased a 20-acre parcel that adjoins my 110 acres. A few months ago I found out who owned the property and wrote them a letter. It basically said that I would like to purchase it if they ever wanted to sell. A couple months later, they gave me a call and said they wanted to sell. I have a realtor friend and he wrote up a standard contract, I handled the transaction through an escrow company, and everything went well. We closed on June 26th.

The problem is that the original owner let "his buddy" keep his four horses on the property. Plus, there is a nice pole barn that has four wheelers, snow mobiles, jet skis, even an SUV in it. Long before the closing, I ask the owner to make sure his buddy got his stuff off the property. He agreed and put me in contact with the buddy. I've spoken with "the buddy" on a weekly basis (six weeks now), and each time, he indicates that he'll have everything out by "this weekend." What are my options here? This guy has no agreement from me. I've been nice up to this point, but I want to put hay in the barn, and am already trying to bring back the pasture. It hasn't even been brush hogged for 7 years. It is a mess.

I'm thinking about calling the county sheriff to see what he thinks. In my mind, I have no obligation to him or his property, and this is a form of trespassing.

(I know where I screwed up - Closing with the stuff still on the property. Lesson learned)

Thanks,

Tom

NevadaSmith · Jul 16, 2005

seems almost like a no-brainer to me. The old addage "possession is 9/10ths of the law" is real. I would do as you say and call the Sherrif. First thing he is going to say is that he has no legal recourse but will talk to the person for you. Usually that's enough to start people into action. Next, i would draft a letter stating that you will be charging him "storage fees" until his stuff is removed and have it sent registered mail. This establishes in writing that your intentions are not to let him keep his stuff on your property for free and creates a fee contract which is enforceable in all claims courts. If he does not pay the storage fee, then you can impound the property. I am not a lawyer, but have been involved in enough things to understand that you need a good paper trail and good notes. Any lawyer will tell you "Document, Document and then Document". I would also not let him talk me into letting him stay a little longer for free. This establishes a bad precedence that would not be in your favor when it came time to make a claim.

Junkman · Jul 16, 2005

Send him a certified letter stating that the storage charges are $10 per day per item if they are not removed within 14 days of receipt of the letter. Then also advise him that the charges are retroactive to the date of you taking title to the property. Wait a month and then have the Sheriff explain to you how to take legal possession of the abandoned property. Act quickly..... time is your enemy...

riptides · Jul 18, 2005

Wow, Your nice. Trying to track the person down. I always thought anything left on property after a sale became the new owners. Free and clear.

Auctions work well in clearing stuff out.

-Mike Z. /forums/images/graemlins/grin.gif

ByronBob · Jul 18, 2005

snow mobiles

Are you kidding? Your a 1000 miles from snow and he has sleds in there? Do you think the stuff might be stolen and he isn't moving it because of that? I just find it really strange that someone would have a sled in that part of the country.

twabscs · Jul 18, 2005

Thanks all for the replies.

All I have is a first name and the cell phone number of this guy.

We do get snow down here, but it doesn't stay around long. So yes, snow mobiles aren't real useful most of the year. There is a lock on the pole barn (the owner gave me a key but the buddy has one too) so nothing will get stolen unless I decide to park everything out in the drive for him.

Indydirtfarmer · Jul 18, 2005

If the guy storing the stuff had some sort of rental arraingement, you need to be VERY careful. If not, I'd still ask an attorny before moving his stuff out. By accepting the place with knowledge of it's presence, you take some responsibility for its saftey.

I'd notify the owner TODAY that there will be a storage fee (make it HIGH) for each day his stuff sits in YOUR barn.

Make no effort to restrict him from getting his stuff.

Notify the local police dept. of it's presence, and make certain they know you're making no effort to protect it.

I'm going through a simular situation with a rental property I own. The previous tennent allowed a friend to store a boat and trailer in the yard. Tennent left. Boat's still there. Lawyer said I can't do anything with it (yet). BUT.... If someone (other than me) happened to STEAL the boat in the meantime.... My problem is solved.

DrRod · Jul 18, 2005

We had a good old neighbor who worked our fields on a mutual-favor basis -- he got his crops and we got our fields kept up. He put his corn cutter in our garage for a couple of years. When he died, his son didn't carry on the tradition. after a few more years I asked him to take it back but he said he had nowhere to put it -- i.e. I was the solution to his problem. So one day -- 13 years later -- I just pulled it out, freeing up about 40% of my garage in the process. I would occaisionally mention it to him but he just said the same thing. Then someone came along who wanted it for an Amish farmer who had use for it. They hauled it away and nothing more was said. But I guess you don't have that kind of time.

PBinWA · Jul 18, 2005

What a pain.

Get a lawyer. My home was rented out before and the previous tennants had tons of stuff. I was worried they weren't going to be out on the possession date so I added a clause to the sales agreement that stated I would remove any items left behind and the seller would be responsible for claims by tennants or others. In the end the only thing that was left behind was about 50 T-posts (which I found a use for). I've never seen so many people hustling to get other people moved out of a house.

; )

Alan L. · Jul 18, 2005

I believe if you give notice that he has to remove the property within a reasonable time or else you will sell it, then thats what you can do. Maybe a warning to that effect will be all that is needed.