This is from Louisiana but a very similar situation:
Question: I have an elderly family member who owns the property they live on. A few years ago they allowed their son and daughter in-law to move a fifth wheel camper onto their property because they had nowhere else to put it. Shortly afterward, their son and daughter-in-law divorced. The camper, which is titled in the ex-daughter-in-law's name still sits on their property. They don't want it and would like to have it removed. The ex-daughter-in-law is has made no attempts to remove it and claims she can no longer find the title. Can you please tell me the landowner's rights in this case?
There a few different options. The best one depends upon the particular facts and circumstances. Generally, the best way to handle this situation is for the land owner to take the position of a landlord and to treat the abandoned trailer as the abandoned property of a tenant. When a landlord is planning to dispose of property left behind by a tenant, the landlord is required you to give notice to the tenant. The landlord will also have to follow very specific rules about handling the property after the notice period has expired. The notice must typically give the tenant a set amount of time to reclaim the property, after which you can take specific steps. The notice should include the following information: 1) A detailed description of the property left behind. It's a good idea to have an objective person witness the inventory of the abandoned property to protect the landlord against charges that he/she has taken or destroyed any of the property. The landowner might consider photographing or videotaping the property. 2) The estimated value of the abandoned property. Here, the landowner is asked to guess what he/she could get for it at a well-attended flea market or garage sale. 3) Where the property may be claimed. Provide the address of the rental premises or an outside storage place. The deadline for the tenant to reclaim property, such as seven or ten days. 4) What will happen if property is not reclaimed. Mail the notice "return receipt requested" so you will have proof the tenant received it. If the ex-tenant doesn't contact you within the time specified in the notice, you are pretty much free to do with the property whatever you want - that is, you may throw the property out, sell it, or donate it (subject to acquiring a lost title through the OMV). You may also be able to use the property to satisfy unpaid rent or damages. You may be able to charge the tenant the prorated daily rental value for keeping the property on your premises or any out-of-pocket costs you incur for storing the property. (See
Louisiana Civil Code Art §§ 2707 and
Louisiana Code of Civil Procedure Art. 4705).
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[email protected]. Question: I have an elderly family member who owns the property they live on. A few years ago they allowed their son and daughter in-law to move a fifth wheel camper onto their property because they had nowhere else to put it. Shortly afterward, their son...
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