please help... i dont know what to do
By silkyt34
@silkyt34 (324)
United States
October 14, 2008 4:05pm CST
ok here is my problem... we purchased a home in july and took possesion of the home in august.. we gave the previous owner 90 days to get his stuff out of the barn and 30 days to remove his things from the garage.. well he moved right next door with his parents and is in the process of building a garage... we have been renting him the garage for the last 2 months which up until yesterday all was well... we had the back field brush hogged ( mowed down ) and there are several smaller out buildings in the field.. well in one of the out buildings there were two tractors both very old one in pieces and on in working condition even tho its from like 1940's... here in lies the problem.. after the tractor was uncovered in the outbuilding the guy we bought the house from came up and took the tractor and took it to his parents house put a battery in it and brought it back up running and hooked up to some farm equipment that was all grown over in the field...now according to our purchase agreement he had 30 days from closing to remove his stuff from the property ( which he had no problem removing a ton of firewood before we moved in from the very same building) he never mentioned the tractors or the stuff in the field to either my husband or myself...and when my husband said something to him he said well i figured you would have seen it and just thought it was junk and not worth anything so i took it and besides that its mine.. well i would have agreed with him that it belonged to him 60 days prier to this but not now it belongs to us.. and he has left us with mountains of junk in our field and our woods that we now have to clean up and remove... so.. after all that here comes my question... is the tractor ours to keep as well as the farm equipment that he took from the property ( to sell not to use ) or is it his.. because everyone one i have spoken to says its ours and i nkow this is going to cause problems between us and all our neighbors because they are all related to him.. what should we do??? thank you all in advance and i promise to try to answer everyone.. thanks
2 people like this
3 responses
@worldwise1 (14885)
• United States
14 Oct 08
I truly believe that the property is yours, silkyt, but this is where the situation gets dicey. You have to ask yourself if squabbling with the man over who is the rightful owner will be worth the price of making enimies(since I take it that you plan to be there for a long time). Perhaps a mediator could be brought into the problem if you want to keep the peace. Good luck!
@silkyt34 (324)
• United States
14 Oct 08
i would love to do that but i think its to late for that.. he actually has until october 22nd to remove his belongings or pay another months rent and his whole family is out there helping him get everything out and they havent helped him or even been around him since we have moved here.. i wish i could have stopped the problem before it occured but we were going by the agreement that he had 30 days... and no i fear there isnt anything that can be done.. thank you so much for your responce
@potrish78 (742)
• Philippines
14 Oct 08
I'm not sure about this things but I suggest you ask a professional regarding this matter. I do hope you have a lawyer friend or somebody who knows about the law to at least give you an idea. In my opinion, it was his 2 months ago unless he declared it still is since it would be difficult to remove it from its spot because it's huge. But as you said after 60 days and to think he did not mention it to you nor to your husband, gives you the idea that whatever he leaves in the house or as part of the house, would be your property already. I suggest you really ask for someone who knows about the law. Don't depend on hear say. You would have no strong basis for that.
@silkyt34 (324)
• United States
14 Oct 08
we did actually speak to a lawyer who said if it isnt in the contract for the sale of the house then legally it is our property and we looked at our contract and even went down to our realtors office and she pulled out the orginal and it stated nothing about it..and it just seemed like he had forgotten all about it until yesterday when it was all cleared but when we came and looked at the house and property that out building was full of firewood and he managed to get in there and get all of that out and sold it and that was after we had signed a contract but we let it go even tho our real estate agent said not to... maybe we should have listened to her words of advice ..
@classbhero (48)
•
14 Oct 08
i think you should let it go and just let him take the tractors, if you didnt see it before and dont want it now and it hasnt cost you any extra money and will cause you problems with the neighbors then leave it.... let him have it and save yourself a headache. plus a 1940s tractor will be worth jack sh*t
@silkyt34 (324)
• United States
14 Oct 08
no we knew that the tractors were there and we have been planning on using the one he took because we already had it started... we just couldnt get it out of the building until it was cleared and we priced the tractor with the farm equipment that he took too it is worth 6000.00 so ya its worth a good bit of money... but thank you for responding
