Advertising Display and Property Damage

Jonathan Williams

New Member
Jurisdiction
Indiana
I have a retail business in Indiana. The next door neighbor has a landscaping business but no road frontage. I allowed them to build two paver patios with fireplace and built in gas grill on our frontage with the understanding that they would help maintain my property and any referrals that resulted in a sale, my business would earn a referral commission. No contract was signed.
The landscaper sold the business to another company who has a location elsewhere so the property is up for sale. The new owner came in with the past owner and would like to use our site for advertising with the displays. Now the new owner informed me that he would be removing the patios which are glued to the asphalt and "clean up best he could". This would leave the property damaged.
Who owns the patio and does he have a right to remove patio without repaving my lot?

I have a storage building business. I received a certified letter last month from the local court a customer we built a shed for in 2009 has filed with small claims...The complaint is we did not fix his building under warranty. This was the first we heard from this customer so I called him on four separate occasions and left a message that I or anyone in our company was not aware of a complaint. No returned call to these messages. I sent a certified letter to the customer asking him to contact us so we could discuss his issue. No response. What should I take to court with me as proof, I recorded myself leaving messages on his voicemail and kept a copy of the letter I sent attempting to contact him. I cannot go on personal property without permission and I have no idea what is wrong with his building and if it is even under warranty.

Follow the instructions on the summons and make sure you go to court when you are supposed. You won't really know anything until you get there.

Thank you, that was my plan, just a bit frustrating I suppose.

For some reason my answer to your other post won't upload so here it is:

Generally, if it cannot be removed without damaging the
land, it becomes part of the land.

If he removes it, he's stealing your property.

If he damages your lot, he owes you for the repairs to the lot.

You're a businessman, hire a business lawyer to head this off.

Next time, get it in writing. "Understandings" mean nothing.

Thanks again and yes as my girlfriend told me this ain't Mayberry get it in writing.

It appears that your legal issues are coming thick and fast. It would be a good time for you to have a lawyer that can help you with this stuff.

The warranty work is not a big deal, just frustrating that I have someone taking me to small claims court and I did not read his mind and fix a building I did not nor do I know what is wrong with the thing. The property issue is a different story...
 
For some reason my answer to your other post won't upload so here it is:

Generally, if it cannot be removed without damaging the
land, it becomes part of the land.

If he removes it, he's stealing your property.

If he damages your lot, he owes you for the repairs to the lot.

You're a businessman, hire a business lawyer to head this off.

Next time, get it in writing. "Understandings" mean nothing.
 
It appears that your legal issues are coming thick and fast. It would be a good time for you to have a lawyer that can help you with this stuff.
 
Understood but get a lawyer & discuss. Good luck.
 
I have a retail business in Indiana. The next door neighbor has a landscaping business but no road frontage. I allowed them to build two paver patios with fireplace and built in gas grill on our frontage with the understanding that they would help maintain my property and any referrals that resulted in a sale, my business would earn a referral commission. No contract was signed.
The landscaper sold the business to another company who has a location elsewhere so the property is up for sale. The new owner came in with the past owner and would like to use our site for advertising with the displays. Now the new owner informed me that he would be removing the patios which are glued to the asphalt and "clean up best he could". This would leave the property damaged.
Who owns the patio and does he have a right to remove patio without repaving my lot?

You made some sort of ODDBALL deal without a WRITTEN contract.

BIG MISTAKE for a business person to make any deal without a written, properly signed contract.

I suggest you consult an attorney.

Free advice over the Internet about IMPORTANT business matters is as valuable as what you paid to receive it, ZILCH, NADA, NOTHING!!!!
 
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