Legal Question in Real Estate Law in Illinois

Re: removing shed from my property

The problem you have is establishing that the ex-boyfriend has abandoned the personal property, i.e., the shed and its contents. I am assuming that, notwithstanding the locks, the shed is moveable, and not fixed to a foundation or otherwise permanently attached to your land.

If you sell or destroy property that has not been abandoned, or has not become yours under one or more legal theories, you could be held liable for a conversion of the ex-boyfriend�s personal property. If you started charging for storage, and he then failed to remove the shed, that may be a defense to the ex-boyfriend�s cause of action for conversion. You should consult with an attorney before taking any action to remove, sell or destroy the shed, because if your lose a lawsuit for a wrongful distraint and conversion of property, the ex-boyfriend may recover all actual or compensatory damages, and if you have been found to have acted in a "wanton or malicious fashion", the ex-boyfriend may also recover punitive damages.

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