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I have a question ??

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CattleArmy

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Sep 29, 2006
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I have a question. Ok let's say a place sells and people have purchased things from the owner that sold the land. Can the new buyer of the land keep people from picking up the stuff they bought? Can the new owner play the you are trespassing card?
 
We bought this farm AFTER the old man died and he had promised certain things to certain folks.

We let them come in and get what they wanted. BUT...he had the forethought to basically give them a quasi- Bill of Sale for the things.

Smart thinking on his part.

But if you don't know the people...and they can prove what they say...then I don't think you can't deny them.
 
We bought our place in Oct 2004. The previous owner had a sale In Nov2002, When we bought the place we stipulated that we bought it "as is". The sellers said that it was fine with them, but there were a few items that hadn't been removed yet and that they would sent registered letters to those buyers saying that if they didn't get their purchases that they would forfeit them when we closed on the property.
In Aug 2006 , while there was nobody home , someone came onto our place in the middle of the day and took a stationary TMR mixer and a conveyor that fed into it.They opened gates and cut power cords without our knowledge or permission.We got the sheriff out and they were able to track it down from auction records to a buyer in Iowa. They contacted him and he told them that he had no intention of returning it as he had bought it at the previous owners sale "44 months earlier ". The sheriff went to the Co Attorney and explained it to him . The co attorney said that it wasn't worth his time to get it back for us and that we couldn't press any charges because he did not have any criminal intent when he came on to our place. We were just SOL.
Isn't this a great country???
 
Ok let me add because I really want an answer. The sale of everything the land the stuff has just been in the last few weeks. The owner of everything was selling off his ranch stuff. Equipment. Pickups and such. So he sold his stuff and wasn't in a big hurry for it to leave until he did. In the mean time he sells the land (just the land). Now the land owner doesn't want people trespassing to get items they bought. Can he do that? The original owner of the land and equipment is willing to give people there money back. Let me add the owner of all the stuff to isn't in any condition to get any of it moved himself.



Note to Kola I now know someone else hooked up to an IV of viagra that is getting to be a bigger prick all the time also. I love that line!
 
After most auction sales, you have 30 days to remove items you bought. I don't think the new owner of the land can stop you until the 30 days are up.
 
CattleArmy said:
Now the land owner doesn't want people trespassing to get items they bought.
Click to expand...
I don't blame him - I'd feel the same way. The new owner now has not only the aggravation of people showing up whenever they want to, but he also has the liability issue in case somebody gets hurt. And there's nothing in it for him to assume that risk.

That said, he needs to try to work something out so people can get the things they have bought. I'm not sure what that would be - moving it to a location close to the road or setting up a couple of days to get it all moved are possibilities.

But allowing free access seven days a week at all hours for people to pick up things that they claim they had bought - not me. Guess you'd consider me a prick, too.
 
After most auction sales, you have 30 days to remove items you bought. I don't think the new owner of the land can stop you until the 30 days are up.
Click to expand...

That sounds right for SD but I think that every state has it's own regulations.
 
It seems to me that reasonable people could work out a reasonable agreement. I wouldn't try to claim any equipment, hay, or anything that wasn't in my agreement when I bought the land. On the other hand the one who bought that equipment is under an obligation to remove it in a reasonable time. If it has not been removed before the purchaser of the land takes possession he would not be responsible if something should happen to it. When there has been an auction, the auctioneer usually announces before the sale the length of time a buyer has to remove what he has bought. I would think that after a reasonable time anyone on the property could be considered a treaspasser.
 
As New Owner I would require "Proof of Sale" or "Receipt"
If you have that Call Local Sheriff and set-up a Domestic Stand-By to pick stuff up
That failing File a Small Claims suit for the Max in your Area

Tell/explain the facts to the court and try to get a "Court Order" to pick stuff-up
 
Ok guys let me make sure you understand the old owner isn't even off the land yet as he doesn't have to be yet. He just sold the stuff and only a couple weeks have went by. It wasn't an auction just he sold to whoever has wanted the stuff.
 

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