Bailment...with a twist

Ohio

Unfortunately because of an illness (Alzheimer's), the family had to sell a relative's house and property in December, 2003. Now a neighbor claims to have left (stored) a lawn cart in a storage area and now wants it back.

The family had a reasonable expectation that every object in the house and out-buildings was the family's property. We sold most of the estate items, and the rest we either threw away, donated it, or the siblings took home (which I did with the cart). This neighbor had ample notice and several opportunities to claim the property, driving past many times when we were working on the clean-up (from October through December).

According to this neighbor, he had asked the relative "last fall." I have my doubts. Needless to say, according to his story, he knew that cart was in that barn all the time we were selling the estate items. He just chose not to share that with us.

At what point (if any) does his "property" become abandoned? As I shared before, we had every reason to believe that this cart was the family's property, and this neighbor had numerous occasions to tell us different. I feel 6 months later is a bit too late.

What do you think? Had we sold the cart, or left it for the new owner, would we be even responsible for it?

Is this a manure cart or a plastic gardening cart or some other type? I'm only asking since it doesn't seem like a big deal to just take it back and be done with it.

Otherwise, if you or the neighbor want's to make a federal case out of it, ask for his proof that the particular cart belongs to him.

oberauerdorf,

I was really looking for a legal answer. This neighbor knew the relative had Alzheimer's and was selling the property, so it was up to him to speak up to the family. Not 6 months later!

At what point...6 months, 1 year, 5 years....can the family feel that we are finish with this? Legally speaking, of course.

I gave you the legal answer. Now read it.

You and the neighbor are acting like children.

Wow! Apparently oberauerdorf doesn't fully understand the situation, and never had a loved one with Alzheimer's. Yes, people do take advantage of them.

Can anyone else help me? I would request oberauerdorf not "help" anymore.

And you are acting like a spoiled child who can't part with a toy simply because "possession is 9/10ths of the law"

You can hold your breath until someone else puts up with your childishness.

oberauerdorf said:

And you are acting like a spoiled child who can't part with a toy simply because "possession is 9/10ths of the law"

You can hold your breath until someone else puts up with your childishness.

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Not the point...geez, what an idiot.

We think the cart was owned by the relative. According to your odd world, any person can come up to your door and ask for anything of yours....and you should give it to them. Okay?

Go away..........PLEASE!

Steve-
Nevermind ober... he enjoys being a pest.

It is the burden of your neighbor to prove the property belongs to him. Until then, it is yours.
If you are not terribly attached to the item because you believe it belonged to your family, simply returning it will make everything go away. If for some reason you do not believe it belongs to the neighbor and want to keep what you believe is your property you certainly may.

Your neighbor will have to take you to court to reclaim the wagon, it is likely would never get to that. He'll just go get a new one.

It is the burden of your neighbor to prove the property belongs to him.

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Well gee jackass, that's what I told this dufus in my ORIGINAL post. I guess it's true, Idiots do like their own company.

Thanks mightymoose_22....yep, what a strange one!

I guess what the problem is we don't know what to think. The fact that this neighbor said nothing for all that time -he even put an offer on the house- makes me feel like he doesn't have a leg to stand on.

I still wonder what the time frame would be for people to come out of the wood work and still claim stuff. And again, what if it is something we sold?

Maybe so, but I did it without looking like a moron. You can keep trying though.

Steve-
I understand your question... and you are right. At this point the neighbor really has no claim. The only way he will get the wagon is if you give it to him to make him go away.
I doubt the guy has a receipt to show he bought the wagon in the first place... you have nothing to worry about if you want to keep it. You might just have to put up with a neighbor like oberdork for awhile.
Don't sweat it... it isn't even worth worrying about.

Oh Christ, now "MinnieMoose" has entered the fray.... with absolutely INCORRECT 'advice.

So, lets get back to the writers questions:

"At what point (if any) does his "property" become abandoned?"
*** It becomes abandoned after you have put the owner on notice to recover the property and they refuse or fail to do so. Your assumption that he should have 'known' to come get it is not sufficient 'notice' to the owner.

"As I shared before, we had every reason to believe that this cart was the family's property, and this neighbor had numerous occasions to tell us different."
*** I agree with you that the owner SHOULD have taken positive action to recover his property, but the situation as you describe it does not transfer that obligation to him. The borrower (or you in this case) must still make every reasonable effort to find the owner.... or if the owner makes claim and 'proves' ownership, you must return the item on demand.

"I feel 6 months later is a bit too late."
*** Sorry, but that 'feeling' really isn't relevant to the owners legal right to his/her property. And if you don't, he could file a theft or conversion complaint with the local police.

"What do you think? Had we sold the cart, or left it for the new owner, would we be even responsible for it?"
*** Yes. If you failed to 'properly' handle the tangible property of someone else, you COULD be found liable to the owner for its wrongful 'disposal' or conversion.

JETX...this writer never admited that the cart 'was' the property of the neighbor...were did you read that? We believe it never was his to begin with. Try again.

Yep, mightymoose_22, I'm sure he does not have proof of ownership...but then again, you have to give people the benefit of doubt sometimes. Rarely does anyone keep receipts X number of years. Gosh, oberdork probably does not keep the receipts for the medication he/she is on....

The cart (value, maybe $200+) may have been borrowed a lot over the years, and the neighbor had grown attached to it. I don't know!

I certainly thought it was mine for 6 months.

At what point (if any) does his "property" become abandoned?

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Case Closed