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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22387
Experience:  14 years real estate, Realtor. Landlord 24+ years
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I had rented property I own to a tenant a few years ago. The

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I had rented property I own to a tenant a few years ago. The tenant borrowed a neighbors bulldozer to plow the road during a harsh winter. He parked the bulldozer in my driveway off the road and it would no longer start. He since has moved away but the neighbors bulldozer is still in the driveway. I've spoken with the neighbor about moving it and he tells me he just doesn't have the money to get it fixed. This has been going on for a couple of years with numerous verbal requests to the neighbor to move the bulldozer. What can I do? can I charge him rent for storing the bulldozer on my property?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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What the person has done by leaving their property on your land is create an "involuntary bailment" with you being the bailee. An involuntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee without permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate an involuntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.

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In order to legally terminate the bailment, you have to give written notice to the bailor at their last known address. I would send it certified mail as well as first class mail in case they have a forwarding address with the post office. State that you are terminating the bailment and the bailor has 7 days to remove the property or you will consider it abandoned and dispose of it. On day 8 if it is still there, you can dispose of it as abandoned.

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But no, without an explicit agreement to pay for some type of storage costs, you can't unilaterally impose a storage contract on the owner of the dozer.

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.

Thanks

Barrister

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22387
Experience: 14 years real estate, Realtor. Landlord 24+ years
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