Do items on the property of a home that I purchased belong to me?

I purchased a home approximately 6 months ago from owner. The owner had a play set in the backyard that he wanted to return to pick up as it had been raining and he didn’t want to destroy the yard loading it up. Via e-mails and text messages, I agreed to give him a couple weeks. Now, months later he is telling me that he is coming onto my property to take what is “rightfully his” since I agreed he could have it. Do I have to forfeit the play set or is it mine since it was not in our written contract and was with the property when we moved in?

Asked on November 6, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have assorted e mails between you and the former owner of the property that you bought where you agreed to allow him additional time to pick up the play set, you essentially through your e mails have agreed that the play set is his.

Although the former owner has been untimely in getting it carted off from your property, the play set is his per the oral agreement that you have with him. I recommend that you set up a set time to have him come by and pick it up. Good luck.


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