How to get someone else’s trailer moved off my property?
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How to get someone else’s trailer moved off my property?
About 6 years ago, I gave verbal permission to a couple they could move their single wide onto my
property. They told me to just tell them if I ever wanted them to leave and they would and move
their trailer off my land. They have since turned my land into what looks like a junkyard. I told them on almost 7 months ago that they had to move and they have yet to move the first thing. The trailer has its ownseptic but they tapped into my well for their water source. I have not ever charged them lot rent or for their water so we don’t have a landlord tenant relationship which means I can’t evict them. They do not have lifetime rights, no life estate, no life tenant and their names are nowhere on my deed there has never been a rental agreement or lease agreement. How do I get them, their trailer, and their junk moved off my property?
Asked on February 7, 2017 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Since there was no rent, they are not, as you point out, tenants: they are guests. A guest is someone you permitted to come onto or stay on your land or property. A guest can be required to leave at any time. If the guest does not leave when asked, they become a trespasser. Provide written notice, sent some way you can prove delivery, that they are no longer welcome and must leave. Given them some reasonable time to do so (maybe 30 days). If they don't leave after that, send them a second notice that they are not tresspassing and you will contact the police. Then if they still don't go, do that. In theory, the police should at the point give a summons as trespassers and ideally help remove them.
Sometimes the police do not help, since they are often confused as to the exact legalities of a case like this. If that is the case, you can bring a lawsuit in chancery court (a part or division of country court, which deals with other than providing monetary compensation) seeking a court determination that they have no right to be on the land and a court order that they (and their belongings/property) leave; such a court order is enforceable by law enforcement officers at need. While you should ideally get an attorney to help you with this--most landlord-tenant attorneys in your area should understand what to do (e.g. I am a NJ landlord-tenant attorney, but I also help eject unwanted guests and know my state's process), but you should also be able to get instructions from the clerk of the court. Good luck.
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