Legal Question in Business Law in California

Illegal Conversion?

I own 2 small buildings (10' x 8') that I moved onto a property that is in a partnership that I and my sister are each half owners of. On the property was a family business that my mom and dad had started and that I had loaned the buildings to for storage. Recently there was a change in the business (from my mom to my sisters family which was not a smooth transition) and they needed to get a new business license and as part of that the city red flagged the 2 buildings along with requiring their removal. I had contacted the them 3 or 4 times informing them that I wanted my buildings back and that I could remove for them before they got fined and they refused saying that I needed a professional and that the times I had free were inconvenient to them. I just got a bill in the mail from them yesterday for the removal of my buildings. Without notice they themselves (not professionals) moved the buildings to their personal property. What can I do to get my buildings back and can I take legal action against them. We are not on good terms and haven't been for several years.


Asked on 2/07/08, 12:47 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Illegal Conversion?

An interesting situation. The first legal question is whether the buildings are real property or personal property. Historically, real property could not be the subject of conversion. If these are portable sheds, as I suspect, they probably qualify as personal property and can be converted.

The second legal issue will be whether you were entitled to store your property on this business parcel as a co-owner thereof. I think not; property owned by a partnership is not automatically available for the personal use of individual partners.

Nevertheless, denying you the right to remove your buildings yourself and then removing them to a place where you don't have access sounds like it satisfies the elements of a tortious conversion, entitling you to damages.

There may be an issue as to whether the buildings became "fixtures" on the property where they were placed.

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Answered on 2/07/08, 4:09 pm


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