Interesting anecdote (from a colleague at work).
A property was purchased in August 2008. Left at the property, but not listed in the chattels, was a sandpit (sounds like a semi-permanent structure, with shade cloth etc.). The vendor verbally agreed to remove the sandpit 'in a couple of weeks'.
9 months later, after the new owner had re-filled the sandpit and refurbished it somewhat, the vendor turns up asking to take 'their' sandpit away. The owner says 'no, you left it here and didn't pick it up as agreed'.
Next stop, the disputes tribunal, where the new owner argued that the sandpit had been abandoned, and was therefore now theirs.
The tribunal disagreed, stating that the time period for abandonment is 6 YEARS, and so the vendor was still entitled to collect the sandpit left at the property. (What's more, it seems that the vendor could charge rent for it, if it has been used!).
The moral - maybe add an 'abandoned goods' clause to your S&P:
Any items left at the property by 5 pm on the date of settlement are deemed to have been abandoned
(check with the lawyers for the right wording)
Anyone else fallen foul of the 'abandoned goods' rules?
cube
A property was purchased in August 2008. Left at the property, but not listed in the chattels, was a sandpit (sounds like a semi-permanent structure, with shade cloth etc.). The vendor verbally agreed to remove the sandpit 'in a couple of weeks'.
9 months later, after the new owner had re-filled the sandpit and refurbished it somewhat, the vendor turns up asking to take 'their' sandpit away. The owner says 'no, you left it here and didn't pick it up as agreed'.
Next stop, the disputes tribunal, where the new owner argued that the sandpit had been abandoned, and was therefore now theirs.
The tribunal disagreed, stating that the time period for abandonment is 6 YEARS, and so the vendor was still entitled to collect the sandpit left at the property. (What's more, it seems that the vendor could charge rent for it, if it has been used!).
The moral - maybe add an 'abandoned goods' clause to your S&P:
Any items left at the property by 5 pm on the date of settlement are deemed to have been abandoned
(check with the lawyers for the right wording)
Anyone else fallen foul of the 'abandoned goods' rules?
cube
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