Legal Question in Real Estate Law in New York

Removal of stored property from my residence

My husband granted permission to an acquaintance, to store his boat @ our property for the winter months. The boat arrived here in October 2003. The verbal understanding was that this individual would perform the needed repairs to his boat, and remove it from our property in or around April 2004. To date, the individual has only worked on this boat for approximately four hours since the fall. We have verbally asked this individual (repeatedly) to please get going on this boat as we want to place an addition on the back of our garage for a furnace room.The boat has been here for almost nine months with no sign of it leaving. I would like to know, what we need to do legally, do get this vessel removed from our residence?

Will I need to send the individual a certified letter stating a date that it is to be removed by? Am I able to begin charging a storage rate that is competitive with dry dockage for our area if this vessel remains here?

Any information that you may provide me with would be greatly appreciated.

Thank you.

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Asked on 6/04/04, 4:13 pm

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Removal of stored property from my residence

Since you are not in the business of storing boats, you may not file a garageman's lien.

Send him a certified letter stating if he doesn't have it removed by X, you will have it removed and stored at his expense. Obviously this boat is trailerable, if he doesn't respond to your letter, pay someone to come and have it "towed" off your property. BUT, make sure you have proof that he received your letter. Then go after him for the $$.

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Answered on 6/05/04, 11:37 am
Walter LeVine Walter D. LeVine, Esq.

Re: Removal of stored property from my residence

I WOULD SEND A CERTIFIED LETTER INDICATING HE HAS BREACHED HIS AGREEMENT TO HAVE THE BOAT REMOVED BY APRIL (DATE HE AGREED TO). aLSO STATE THAT UNLESS HE REMOVES THE BOAT WITHIN 14 DAYS FROM RECEIPT OF THE LETTER YOU WILL BEGIN TO CHARGE HIM STORAGE FEES OF $xxx/DAY. ALSO STATE THAT YOU WILL FILE A GARAGEMANS LIEN AND BRING SUIT FOR REMOVAL IF HE DOES NOT REMOVE AND IMMEDIATELY PAY THE DAILY STORAGE.

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Answered on 6/04/04, 4:35 pm


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