Legal Question in Landlord & Tenant Law in New York
Pool on Property when home purchased
i recently purchased a home in 2007 on the property was a above ground pool. Before purchasing the home, i was a tenant for 12 years. The ex-owner stayed in the apartment downstairs and is threatening that when he moves he is going to destroy the pool. Can he legally do this?? My husband and i have maintained and cared for the pool for almost 8 years because the ex-owner said we could have it. Can he legally destroy it??
1 Answer from Attorneys
Re: Pool on Property when home purchased
The answer is no. When you purchased the home, there was a purchase offer that when both sides signed, became a contract which was legally binding.
The pool then was sold with the house (read the contract).
If he destroys it, it is your property.
The contract is binding and should be read thoroughly. It may answer the question, even without a lawyer giving an opinion.
I would suggest that you contact the lawyer you had when you purchased the property, and ask him. All he will do is read the contract and point you to that portion in the contract which is applicable.