Expert: Jessica Bryan - 8/7/2006

Question
Hi Jessica,
My fiance and I closed on our house on June 16th.  Upon moving in we realized that the previous homeowner, Mr. J had left a large ladder in the backyard.  Our neighbor, who is not related to the previous owner in any way, asked us about the ladder shortly after we moved in and said that Mr. J had asked her about it and wondered if we would mind if he came by to pick it up.  We told our neighbor that was fine with us as long as he did not mind letting us use it to fix one small problem on the roof. We left a cell phone number that Mr. J could contact us at should he stop by when we weren't home.  We have not seen or spoken to Mr. J since that time but have heard through the neighbor that he had come by one other time hoping to pick it up.  On 8-5-06, the neighbor contacted my fiance at the number we had given her and told him he needed to put the ladder in her backyard if we were finished with it because she needed it.  He asked her if she was interested in borrowing it but did not have time to talk with her as he was at work.  On 8-6-06, the neighbor came over and told him she needed the ladder immediately because workers were coming to her house the following day and would need it.  She was not happy about the fact that he had not put the ladder in her backyard as she had mentioned the day before.  My fiance expressed to her that she was welcome to borrow the ladder, and she responded that the ladder was her's because Mr. J had given it to her.  My fiance expressed that Mr. J had never contacted us to let us know of his intentions to give it to anyone, and since it was left on our property it was technically ours.  She became angry and said that she knew we would act that way and she was afraid she would have to get a lawyer involved.  My fiance even told her that if Mr. J came to get the ladder we would still give it to him and he could do whatever he wanted with it, but that we would not give it to her.  Does she have any ground to stand on, and who does the ladder really belong to?  Sorry for the long story!  Thanks for any help you can give!

Answer
Dear Karla;
When you buy a house all personal possessions are supposed to be removed unless they convey.  If there are personal possessions remaining in the house they become part of your property as it is implied that the personal items were left for you. (You didn't go over and take the ladder from the neighbor!) If Mr J wanted the neighbor to have the ladder it should have been made clear to you. It seems as though Mr J wanted the ladder since he came by to pick it up.  Your neighbor is now telling a different story. In order to maintain good neighbor relations you should try to leave a message for Mr J by calling him directly. (You can find out his phone number by contacting the closing attorney) and explaining your problem. Mr J needs to step in and say something to you if he wants the neighbor to have the ladder.  It certainly is not her ladder and unless she can prove that it is there is no reason to give it up.  I can't believe the neighbor wants to get a lawyer involved--what kind of crazy woman is she?  All of this can be cleared up quite easily.  If she keeps insisting, have her ask Mr J to call you or call him while she is present to hear the conversation.
Good luck.
Jessica Bryan