Legal Question in Real Estate Law in Tennessee
Seller won't remove his stuff
We moved into our new (to us) home in April 2005 and shortly thereafter (Oct.'05) bought 20+ acres adjoining from the father of the seller. He had been a previous owner and over the course of years had amassed a large collection of JUNK, trash, wrecks, commodes, tires, etc. We had a verbal agreement that he would clean up the acreage, he has reneged on this pledge. We were not surprised by this and so we will do it ourselves. Live and learn, we should have put it in the contract. However, there is also an old concrete block warehouse which is full of his stuff. He has hauled away only a small percentage of said contents.
He refuses to do more. We can not use the building--we can barely drive around to access ''our'' 20 acres due to his equipment and machinery. He informed me that ''we'd better hope that he gets it before March'' or he won't get to it at all. It's now 2/23. What can we do?
1 Answer from Attorneys
Re: Seller won't remove his stuff
Since it wasn't in the contract for him to clean up his garbage, then I am afraid that we will be stuck doing it; and I would do it before the EPA finds out and fines you. It sounds like he should have been reported long ago. If he refuses to remove his stuff, then simply claim it as yours and haul it away yourselves. You have no obligation to continue to keep his stuff on your property.