Equipment left on property following construction and closing

[RandyG]

My builder left a new box blade for an earth mover in my backyard following construction and closing in September of 2007. The builder lives in my community and I approached him several times to remove it and he assured me each time that he would. In Decemeber of 2007 I received a call from an equipment company claiming to want to reposses the box blade for non-payment. By that time I had errected a fence and installed a spinkler system and I advised the caller that I wanted proof of their rightful ownership and that I would hold them responsible for damages to my fence, grass and spinkler system. The caller refused to leave a name or contact information. It has been 6 months since my last contact with either party. I called the local district attorneys office to inquire about potential remedys and was advised that they could not offer me legal advise. Can I legally sell this thing and get it out of my yard? If not what remedy can I apply to this situation legally?

 

[presutin]

Go back to the last known owners (via a certified letter) and give them a deadline and telling them that if by a certain date they don't remove the items from your property that you will have to dispose of them. I am sure the building company still exists so don't sell those items until they have given you the go ahead, in writing, for you to dispose of the items at your own expense. If you don't do that, you will be stuck with the expenses for the removal...

 

[RandyG]

Thank you I will send the letter today

 

[RandyG]

1 quick follow up......what if they ignore the certified letter and I receive no response? The thing is brand new and has never been used. According to the manufacturer it has roughly a $5K value. So I am not concerned about cost to remove. Just don't want someone suing me after leaving me with this hunk of steel in my backyard for over a year if I find a buyer for it. The value itself is the real reason I am concerned. It seems insane to me that anyone would leave it there all this time in spite of my asking them to remove it and my impression is that the builder defaulted on payment and the seller decided it was easier to write off against the buyer than risk damaging my property and assuming the liability.

 

[presutin]

You have to exhaust all avenues - I am sure they have attorneys dealing with their business failure so do what you can to find them. If no luck, ask the owner that lives nearby your property to make sure that the item is removed from your property and arrange to have it placed on his - again use the deadline approach. I am sure that item is a collateral for something to his company...

 

[RandyG]

Got it...thanks again. I appreciate your help.