How can I legally retrieve my vehicle and camper from someone else’s property?
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How can I legally retrieve my vehicle and camper from someone else’s property?
I was living at a friend of mine and he passed away. My vehicle and my camper still remain on the
property. His family will not allow me to get my belongings. The vehicle is locked inside of a gate but the camper is not. What do I need to do? Can I legally sell the items and they retrieve the property?
Asked on July 21, 2017 under Criminal Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You have to sue them for the campler and belongings. You cannot trespass on their land (doing so is a crimingal act), and if they believe (even if wrongly) that the items may have belonged to him (and so now that he has passed, to them), if you remove anything, they may call the police on you and report this as theft.
What you do is sue them for the current value of what is on their property. If you can prove in court by a "preponderance of the evidence," or that it is "more likely than not," that those things are yours, the court can give you a judgment for their value and/or order them to be returned (and if the court does issue an order for their return, law enforcement will enforce it if necessary).
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