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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 1132
Experience:  Experience in residential real estate and commercial leases.
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I own a mobile home on several acres of land, a year ago my

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I own a mobile home on several acres of land, a year ago my parents bought a small mobile home and attached it to ours ( meaning water and sewer Lines are connected). They have now decided to move away from the property and are trying to sell the trailer. When the trailer was placed there it was under the understanding it would not be moved. It is tied down so moving it would leave my yard where it was in a mess as well as affecting my water and sewer lines. The property is in Tennessee. They are sole owners of the trailer, I am sole owner of the property. My question is what are my legal rights and how can I stop the removal of this trailer. Or can I put stipulations on the removal such as they need to repair my yard and all water and sewer line etc...And how do I go about it. Also in the mean time can I block the removal of this trailer until these things have been worked out?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 9 months ago.
Hello! My name is XXXXX XXXXX I look forward to helping and providing you information today.

I am sorry you are dealing with this situation. Unfortunately, the trailer is personal property and as such you would be unlikely to get a court order stopping the removal of the trailer. Legally you can't prevent the removal of personal property that you do not own without a court order.

However, you absolutely have the right to require that at their expense that they repair any damage and return the property to the same state it was prior to them placing the trailer on the property. If they fail to do so, you would have a right to seek damages against them for your costs to repair the property and damages they caused.

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you
Customer: replied 9 months ago.
Can I under the circumstances then can I place a time limit on the amount of time they have to remove it or forfeit the property. If they are planning on selling and moving it I don't want it hanging around for months waiting for it to sell and be moved. And how do I get a court order to make them repair property. Thanks for your help.
Expert:  J. Warren replied 9 months ago.
Thank you for the follow up. Parties can agree in writing to a specified amount of time to sell the property and if it does not occur by that time they forfeit the property. It may be difficult to get them to agree to those terms. If no agreement can be reached unfortunately you would not be able to sell the property yourself until it is abandoned which could be as little at 30 days if not residing there. In that case, proper notice of not less than 30 days would need to be given that the property will be sold if not claimed.

You may only seek damages, which would be your costs to repair, if they do not leave the property in the same condition it was in prior to moving the mobile home on the land. In other words you can advise them that unless they leave your property in the same condition you will have no other choice but to seek damages against them but you can't get a judge to tell them to leave it in the same condition. It is a little backwards that you have to be harmed before seeking to remedy the situation but that is what would need to occur.

It may be easier if you can, to purchase the home directly from them to avoid all the headache that is likely to happen.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Customer: replied 9 months ago.
How do I prove abandonment? They are moving without a forwarding address. So as I see it once they are gone for 30 days with out moving this trailer I would have to go to court or place an ad in local paper of intent to sell or conviscate the said property. Correct?
Expert:  J. Warren replied 9 months ago.
If they leave for more than 30 days it would be presumed abandoned. If no known address is available then notice of the sale of abandoned property would need to be put in a paper of local circulation and hold onto the proceeds for 6 months after the sale.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 1132
Experience: Experience in residential real estate and commercial leases.
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