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My neighbor left his hole digger at my house that's what…

Customer Question
My neighbor left his...

My neighbor left his hole digger at my house that's what that was not working and it's sending the rain for about 2 years I asked him to come and get it you never came and got it so I was cleaning up my backyard and I got rid of it now I'm being sued in small claims court I would like to know what are my rights as a homeowner

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Montgomery Alabama

Lawyer's Assistant: Has anything been filed or reported?

Yes I got papers from the small claims court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I thought I was talking to the lawyer

Submitted: 6 months ago.Category: Legal
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12/29/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,291
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thank you for your patience. I'm sorry to hear about your situation. So, generally, you are not responsible for all property that ends up on your land indefinitely. The law generally requires people to notify the owner of the property to come retrieve their property, but if they do not do so within a reasonable time, then they are considered to have generally abandoned the property. Because they abandoned the property, they no longer have any claim to it. In your case, it is probable that if you asked him about the property and he left it out there for two years, it is not probable that an AL judge will find in favor of this person, absent some actions by you that somehow interfered with his right to possession of the digger.

Did you have any other questions for me regarding this?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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