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WHO OWNS THIS PROPERTY?

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MODEN52398

Guest
MY WIFE AND I PURCHASED A HOME AND THREE ACRES IN JUNE. ON THIS PROPERTY THERE ARE TWO OUT BUILDINGS, ONE OF WHICH THE PREVIOUS OWNER HAS STACKED FULL OF HIS PERSONAL PROPERTY.WE SIGNED A CONTRACT FOR DEED AND HAVE MADE ALL OF OUR PAYMENTS ETC.THE PREVIOUS OWNER IS FINANCING THE PROPERTY ON AN ASSUMPTION.I HAVE ASKED HIM REPEATEDLY TO REMOVE HIS PROPERTY SO THAT I MAY GAIN ACCESS TO A BUILDING IN WHICH I BOUGHT AND ARE PAYING FOR. THIS HAS BEEN GOING ON FOR 5 MONTHS. WE PAID $5500 DOWN AND ONLY HAVE A $500 DUE IN JANUARY TO COMPLETE OUR TOTL DOWN PAYMENT.HE HAS TOLD US THAT HE WILL REMOVE HIS PROPERTY WHEN HE GETS ALL OF HIS MONEY DOWN AND UNTIL THEN HE CAN LEAVE IT THERE AT HIS DISCRESION. WHAT CAN I DO TO FORCE HIM TO GET HIS PROPERTY OFF MY PROPERTY AND WHO OWNS THIS PROPERTY? CAN I CHARGE HIM RENT? THERE IS NOTHING STATED IN THE CONTRACT ABOUT LEAVING PERSONAL PROPERTY ONCE WE TOOK POSSESION OF THE HOME AND ITS CONTENTS.YOUR ADVICE IS GREATLY APPRECIATED.
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You need to have an attorney carefully read over your deed/contract. It seems this person sounds like they have a right to store their property there -- i.e. once he gets full downpayment, then property becomes removable. Like a contingency.


Otherwise, you initially let him leave his belongings there without expecting payment in return -- so in my opinion, you are out of luck. This isn't like a traditional bailment situation.
 

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