How do I get someone to move his Shipping Container off my property?

[Bean]

The owner of the container has gone out of contact and is avoiding me since I asked him to move it. I have no email, postal address or phone number for him. I allowed him to put his container on my property several years ago, free of charge. He has never been a tenant. He owns a large property in the Coromandel but he does not live there, nobody does. I could have the container delivered to his property in the Coromandel, which would cost the transport cost from Auckland. I could then claim the cost against him. I doubt he could pay. If he doesn't pay could I then take a lien on his property in the Coromandel? Do I end up owning the container and contents if he doesn’t move it? Do I advertise in the paper? What does the wording need to say?

[drelly]

Tell him if he doesn't remove it, by the end of next week, you will sell it to cover storage costs. Shipping container? What shipping container?

[Bean]

Tell him if he doesn't remove it, by the end of next week, you will sell it to cover storage costs. Shipping container? What shipping container?

Sorry I did not make myself clear enough. He has gone out of contact so I cannot tell him. The point is since he has gone out of contact, what do I do now, advertise? Do I have the right to sell it, after how long, what do I have to do first before I can sell it, and the belongings in it? How much notice would be reasonable? The amount of notice must have to be in the advertisement, and what else?
The shipping container is his, full of his belongings.

[donna]

I hear they are worth thousands $$$ - I know this due to our local council KCDC allowing the local soccer club to dump one in the park next to our place - and they said it cost thousands to purchase. Get legal advice - maybe just from the citizen's advice bureau or the like. A public notice along with proof of delivery of written notice... record of phone calls made etc - 60 days notice seems very fair - but legally you need to know where you stand. With nothing in writing though - you may become the owner!

cheers,

Donna

[Hound]

You might need to seek some civil law advice, given it's not a tenancy issue. The property would need to be legally deemed abandoned, before you can dispose of it.

[KyronGosse]

I will happily take it off your hands

[donna]

I wonder what's really in it? - some of you may recall we had a PropertyTalk function many years ago - it was champagne testing at a home in Mission Bay - they had a shipping container on their property - that was filled with champagne - you never know there may be something interesting inside it Bean.

Cheers,

donna

[Bean]

I think it is just filled up with stuff he accumulated from the inorganics collections years ago, and as for the container itself, probably worth about $2000. However you never know what he may claim was inside if I help myself to it. I did try a Neighbourhood Law place without much success, some time ago. I thought that landlords would often get property left behind, that is why I thought I would try here. Plus I thought someone here might know about liens, I wouldn't mind rights over his beautiful property in the Coromandel! I wouldn't mind emptying the container out and using it myself either.

[KyronGosse]

Empty it out and turn it into a self contained unit to bring in another income stream.

[Bean]

Empty it out and turn it into a self contained unit to bring in another income stream.

ha ha. Good idea! I am still left with the legal problem of what I do with his property inside it. It's locked.

[ScottSI]

LOCKED - Buy some bolt cutters and blame crims in the area. If it has metal inside you can sell for scrap aswell as the container, then go on a trip to somewhere warmer. $ 2 to 3k sounds like a nice trip to a warm beach or a ski week?

[essence]

Tell him if he doesn't remove it, by the end of next week, you will sell it to cover storage costs. Shipping container? What shipping container?

LOL!!!!

How long since you had ANY contact with him? (Rhetorical)

If it's months/years, then I think you could fairly well think that they are Abandoned Goods.

I've done a quick search for "Abandoned Goods" but it keeps coming up with related Tenancy issues, which isn't your situation.

I found this, http://www.police.govt.nz/faq/items/23184 which sort of (?) could be helpful.

a) Visit the Police and notify them of Abandoned Goods. Make sure you get an incident number. Ask them to visit your property as you intend to open the container to make sure that it's not a breeding ground for rats, mice etc. It is then a Health and Safety issue and needs to be dealt with immediately.
b) Advertise in paper "NOTE TO XXXX, If said container and goods inside are not removed by xxxxx, then goods will deem to be abandoned and will be removed from property". Keep any documentation/notice/invoices incurred in the removal of same, just in case owner turns up one day and decides to do you for his "precious family heirlooms".


These are some ideas. I am not advocating you do any of these and your actions in getting rid of said container are your decision only.

Good luck and let us know what you decide.

[Simmo]

I'll take it off you hands

I'm in Tauranga so not too far away, could always dump some crap up the Coromandel on the way down for you lol.

Once you sort out your legal rights PM me.

[mattinvestor]

As far as I know, legally you should give him a notice and he needs to receive it. I recommend you to contact an attorney. He will be able to help you better.

[eri]

put a public notice in the paper to show you've tried to sort it out legally

something like

"notice to dispose of abandoned goods
20' shipping container at 13 lucky street, mt hobskil
formerly the property of mr.x, hippy of coromandel
notice is hereby given that the above abandoned goods will be disposed of 6? weeks from today"