What can be done about the previous owner’s property?

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What can be done about the previous owner’s property?

My fiance and I bought a house 4 months ago. However, the previous owner still has a broken down lawnmower, an engine and transmission and a motorcycle on what is now our property. Also, a friend of the previous owner has a truck here that is totalled. The previous owner has said multiple times that he was going to come back and get this stuff when he can, however he has not made an effort to do so. We have been more than generous storing his things in the garage for him but I am not a storage unit. How do I resolve this?

Asked on November 20, 2017 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is important to reach out to the truck's owner, too: you have to give each person notice regarding their own belongings. You can't count on the seller to act for, make decisions for, or even to reach out to, his friend.
 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Send him (and his friend with the truck) a letter, sent some way or ways you can prove delivery (e.g. certified mail, Fed Ex, fax, email, etc.--best to use more than one way) restating when you bought the home, how long the belonging have there, that there is no agreement for you to store them for him, and the efforts made to get him to retrieve his property. Then state that he will have thirty (30) days to retrieve his belongings, otherwise they will be deemed to be abandoned and you will dispose of them. Provide contract information (even though he probably has it) and ask him to contact you to arrange for pick-up.
Send a follow-up at 15 days, then again when 5 days are left, again by some means you can track delivery. If he still does not arrange to get them, give him a few more days just to be sure and then dispose of the items.


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