Legal Question in Family Law in New York

removing apool from back yard

I am living in my parents house. The house was left to me, my name is on the deed. 2 years ago my sister put her taken apart pool in the back yard. it is in a pile in the corner of the yard. I have sent her 2 emails asking her to please remove her pool out of the back yard, because I want to get the yard cleaned up and I have small grandchildren that I am afraid will climb on it and get hurt, I my self cut my leg on it 2 times last summer cutting the grass around it. I have not yet heard back from her about what her plans are about removing her pool. I gave her until april 22 to remove it. My question is what can I do after that date to remove the pool. Can I drop it off in her yard? Or can I sell it? Or what can I do I just want it out of the yard.


Asked on 4/04/07, 5:54 pm

3 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: removing apool from back yard

Hi:

This really depends on the circumstances. However, before you remove, sell the pool, etc. you should send a writing making a final demand with a date certain, and if she is beyond that date than you should be able to do what you specify in the letter.

Good Luck

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Answered on 4/04/07, 7:02 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: removing apool from back yard

I'd like to add to the previous Answer that you should send a letter to your sister by Regular and Certified Mail. If you want to dispose of the pool, call a garbage removal company and get an estimate. You may want to include the estimate amount in your letter to your sister.

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Answered on 4/04/07, 9:38 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: removing apool from back yard

It seems fair to say that she has abandonded the property. You should seek to have her served with your removal letter by sending it Return Reciept requested. After a reasonable time thereafter (10 days)do what you want. You have no obligation to care for her stuff as she doesn't pay you to store it and she is not entitled to store it there under a will, or deed easement.

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Answered on 4/04/07, 10:52 pm


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