Legal Question in Landlord & Tenant Law in New York

Pool on Property PLEASE HELP!!!!!!!!!!!!!!!!!!!!!!!!!!

I recently purchased a home in which i was a tenant since 1995. I am now the owner and the old owner is now the tenant. We didnt go through a real estate person, we just did the deal between the two persons. Now that the tenant/ex-owner is angry he wants to take down/and or destroy a pool that was in the yard when i purchased the home. The pool was given to me around 6 years ago and he didnt want anything to do with it, i maintained, bought chemicals and used the pool. I have read my paperwork from the sale, it has nothing in it about the pool. My question is this: can he legally take down this pool?? what can i do to fight to keep it since it was given to me and he has NEVER once used it.


Asked on 4/28/08, 6:05 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Pool on Property PLEASE HELP!!!!!!!!!!!!!!!!!!!!!!!!!!

There are 2 issues 1) Was the pool included as part of the sale? If yes, then you own it, if not the seller does the second issue, if the pool was not mentioned as part of the sale 2)Is the pool a fixture or personal property. In other words could it be removed without damaging the property it is attached to. If it is a fixture it is part of the property and was sold to you with the property, if it can be removed safely without damaging the property, wasn't mentioned as part of the sale, and you didn't pay anything extra for the pool, it can probably be removed. Otherwise, the pool was purchased by you as part of the sale and cannot be removed.

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Answered on 4/29/08, 12:57 pm


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