Civil/Commercial Litigation (Lawsuits)/Abandoned property

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Question
I own a piece of commercial property which is in escrow. In the parking lot of that property my deceased husband allowed a friend to set his 40 foot steel container. The escrow agreement states that it must be removed. There was no contract or any other documentation allowing the container to stay indefinitely. Escrow closes in 1 week, we do not have time for a long drawn out court case. The owner has been e-mail and sent a certified letter stating he must remove his property by a previous date.  What is my recourse???

Answer
Greetings Stephanie,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I suggest you get a local attorney licensed in your area to help.  The advice you are likely to receive is to sue the container owner and/or enlist the aid of your local sheriff to help you remove the container.  It sounds to me like trespass by chattel, and depending on your local rules, you may be successful sooner or later in having it impounded, towed or otherwise removed.  I would be very surprised if that occurs within the one week time frame you describe.  

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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