What exactly does "as is" mean on realty purchases? Who owns buildings that are on skids? Thanks.?

Question

After we purchased our land we spotted a cabin in the trees. This was in May 2005 and now there is a couple claiming it is their cabin and want to take it off the land. They claim because the cabin is on skids that it doesn't belong to the land. We bought our land "as is" and don't feel they have any rights to the cabin. Before we took possession of the land but after we had made an offer to buy the land "as is" 2 sheds on skids were taken from the land. The seller compensated us for these sheds so obviously it shouldn't matter if the buildings are on skids or not. They have contacted a lawyer, I suppose we will have to do that also. Thanks for your time

Answer 1

Yes, contact the lawyer.

Answer 2

If the structure is on skids, a case can be made that it is personalty, not part of the realty, and the claimant's beef may be valid. Go ask the seller about this, and also talk to your title insurance company. (I presume that you have title insurance.) In any event, it won't be a big deal; a structure on skids is of little value (if for no other reason, because moving it would be expensive) and if you lose it you aren't out very much.

Answer 3

In my opinion as a Real Estate Broker, that is affixed to the land. It is a building on the land, whether the foundation is actually skids or not. However, you may have a suit against the seller for failure to disclose there was a cabin in the woods with squatters living in it. It what way did they say the cabin, which is real property not personal property, became theirs? Did they build it? If so, they built on some one else's property and those improvements now belong to the landowner.

Answer 4

Good question. And their claim that they will get a lawyer is most likely a bluff. I wouldn't waste my time getting a lawyer until you are contacted by their lawyer (if ever). Also, I'd take photos of the cabin, and post "private property" and "no trespassing" signs at the entrance to your property and on the cabin.

I think, if you are contacted by their lawyer (which I doubt) the question then becomes whether your paperwork indicates that you bought the land as is, or you bought both the land and the cabins located on it as is.

Now if the people you are dealing with claim the cabin is theirs, and if they can legally show that it is in fact theirs, then the question becomes how much are you going to charge them for leaving their cabin on your land. People don't have the right to leave their property on your land without expecting to pay a fee of some sort; somewhat like renting some of your land and having access to it. If I wanted to use some of your land to grow a country vegetable garden, or put up a tent there to camp overnight, I would expect to have to pay you for that. If they claim that their situation is different because their cabin was on your land before you bought the land, tell them that if the cabin turns out to be legally theirs, which you doubt, then the fees for leaving it on your property will be determined subsequent to that determination. In the meantime you feel that discussing the subject any further is a waste of time, and remind them that they are trespassing on private property, and that you would like them to leave right away.

I don't think you have anything to worry about, but if they show up again, take pictures of them and their car. Get license plate numbers, etc., and tell them they are on private property and ask them to leave. Tell them if they don't, you'll call the police.

If they scream and shout and claim they will get a lawyer, tell them that if they want to do that, that's fine with you, but that right now they are trespassing and need to leave, or you will call the police to have them arrested for trespassing.

Answer 5

If you bought this land through a real estate broker, as is is not a term accepted in some states. Realtors are required to disclose everything or they become liable. What proof has this couple given you as to ownership of the cabin? I do think if they are able to get this cabin off your land, it will be up to you to prove you own it. Also find out what you need to do to post your land no trespassing so it is plain they have no right to be on your land. Call the police or state troopers to find out what your legal rights are to keep them off your land. I'd keep my eye out for a good land attorney, your probably going to need one. What does the person say that sold you the land? Why are things being removed after a sale unless you have agreed to it? The seller sounds a bit unscrupulous. What does your contract say you bought? You haven't given enough information.

Answer 6

As is means exactly that...as it is. If the cabin is on your property NO ONE but YOU have the right to do anything with it without your permission. Why would they put a cabin on property that isn't theirs? I would immediately post some "No Trespassing" signs, and then contract your attorney regarding the matter. They will have to prove that the cabin "on the skids" is theirs...proof of purchase or what not... If the cabin is removed on the sly, call the police immediately.

Answer 7

Yes, you have a case. Try to get a lawyer who will take the case and they get paid only if you win. Lawyers are looking for clients everyday so you might get lucky. But even if you have to pay to get some advice it would be worth the effort as you bought the land with the understanding that everything on the land was yours at the time of purchase.

Answer 8

Do you even want, need or use that cabin?
If not just let them take it and give them 24 hours, or you ask for past due rent.

Answer 9

Call your agent who handled the sale for you and get his office lawyer involved. Every office has a lawyer.

Answer 10

If you want the cabin, get a lawyer and get a restraining order quickly.