Can I charge a company for leaving their equipment on my property without permission, or charge with a crime?
A company left their backhoe in the middle of my resort property. Rendering me unable to use it. Can I charge them for the 3 days of storage, or bring them up on charges?
It is the resort’s backhoe. They put a sewer cleanout on my property, not the property line, without my permission, did not replace the rocks, after doing work for the day, just left the equipment on my property for 3 days. They own the property next door they should have left it there. Then charged me 75 to mow my grass (less than 4 square feet) My neighbor came out and told them he would mow it and did so. They still charged me. They told me it was my problem.
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Possible. Unless they have an easement or ROW to use it (Like a utility company)
It’s not a crime to leave equipment on someone’s property. Litter, and associated offenses, refer to leaving items of little or no value laying around. So, no, there are no charges to bring them up on.
There is specified in the law a time frame where you can have the equipment removed by a private company, just like towing. Problem is, it’s your problem. The tow company may be content to wait for the owner to claim his equipment, and pay for the towing, or you might have to pay for the towing, and try to recover it in civil court (lawsuit).
Same with charging them storage or loss of revenue due to the presence of the equipment. Only recourse is to sue for it.
Check with YOUR state laws concerning liens. It usually provides for storage charges for unclaimed property, and the property does not have to be returned until payment has been made. Daily charges continue until payment has been made AND the equipment removed. A mechanic’s lien is one example. But the law is different in each state, regarding notice, amounts, legal filing, etc.
3 days? Come on. Life’s too short