Can someone living on my property but living in their mobile home, put animals on the property without my consent?

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Can someone living on my property but living in their mobile home, put animals on the property without my consent?

There is no rent or lease. This person has not been home for over 3 weeks. The animals are not being taken care of. I would like to know if I can take possession of the animals that are outside. I already know the ones inside the mobile home are considered personal property.

Asked on October 13, 2011 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) Legally, there is NO distinction between indoor and outdoor animals; they are all personal property.

2) If there is no rent or lease, the person is a guest, not a tenant. They can only live there, whether in their mobile home or otherwise, as long as you give them permission. You may  withdraw permission for them to live on your land, or make the permission contingent on their  either getting rid, properly taking care of, etc. the animals. If you take away permission, or make it contingent on them doing something with the animals and they don't, you may evict them (make sure to go through the courts) if you want.

3) If the animals are dangerous or damaging your property, you could call animal control; similarly, if its against town or local ordinances where you live  to have those animals.


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