How to get someone else’s trailer moved off my property?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to get someone else’s trailer moved off my property?

About 6 years ago, I gave verbal permission to a couple they could move their single wide onto my

property. They told me to just tell them if I ever wanted them to leave and they would and move

their trailer off my land. They have since turned my land into what looks like a junkyard. I told them on almost 7 months ago that they had to move and they have yet to move the first thing. The trailer has its ownseptic but they tapped into my well for their water source. I have not ever charged them lot rent or for their water so we don’t have a landlord tenant relationship which means I can’t evict them. They do not have lifetime rights, no life estate, no life tenant and their names are nowhere on my deed there has never been a rental agreement or lease agreement. How do I get them, their trailer, and their junk moved off my property?

Asked on February 7, 2017 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since there was no rent, they are not, as you point out, tenants: they are guests. A guest is someone you permitted to come onto or stay on your land or property. A guest can be required to leave at any time. If the guest does not leave when asked, they become a trespasser. Provide written notice, sent some way you can prove delivery, that they are no longer welcome and must leave. Given them some reasonable time to do so (maybe 30 days). If they don't leave after that, send them a second notice that they are not tresspassing and you will contact the police. Then if they still don't go, do that. In theory, the police should at the point give a summons as trespassers and ideally help remove them. 
Sometimes the police do not help, since they are often confused as to the exact legalities of a case like this. If that is the case, you can bring a lawsuit in chancery court (a part or division of country court, which deals with other than providing monetary compensation) seeking a court determination that they have no right to be on the land and a court order that they (and their belongings/property) leave; such a court order is enforceable by law enforcement officers at need. While you should ideally get an attorney to help you with this--most landlord-tenant attorneys in your area should understand what to do (e.g. I am a NJ landlord-tenant attorney, but I also help eject unwanted guests and know my state's process), but you should also be able to get instructions from the clerk of the court. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption