There is land behind my fence that belongs to me and I notified the Realtor that they could not sell the property as they were representing this as part of the property they were selling. They said they had to remove the sprinkler so the title comany could insure the property and did so even though there was a NO TRESPASSING SIGN POSTED. Can I take them to small claims and sue them for trespassing:?
2007-10-23 20:59:52 · 9 answers · asked by Ebony 2 in Business & Finance ➔ Renting & Real Estate
Did he steal your sprinkler? You may want to have your land surveyed, it sounds like there is a dispute over where the property line is.
2007-10-24 03:30:19 · answer #1 · answered by Landlord 7 · 2⤊ 0⤋
So let me get this right, you own two pieces of property and are selling one. If this is correct, then the Realtor didn't have any reason to retrieve a sprinkler from the other property, especially since this has nothing to do with a title company insuring the property. There is one thing that the Realtor might have been doing, and that's if the sprinkler is attached to water on the property you're selling, he might be protecting you by not showing that your home must water the land out back.
Now, don't forget, if this Realtor has a contract with you to sell one of the properties, he has a relationship with you, and therefore the sign does not mean anything.
Lastly, you can't take someone to small claims court to sue for trespassing. You call the police and then they will decide whether or not to charge the offending party.
With all of the above being said, it seems that something here doesn't fit. You have a grudge with the Realtor for some reason, and maybe you should have a third party mediate between you so maybe you can solve your problems.
2007-10-25 01:53:48 · answer #2 · answered by trblmkr30 4 · 0⤊ 0⤋
Nothing warms my heart more than someone who wants to clog up the court system with an issue as asinine as is this one.
Small claims court is for ACTUAL DAMAGES, not for punitive damages from trespassing. The best you're going to get out of this court is an order for the realtor to return the sprinklers. You could effect the same result by simply ASKING the realtor.
2007-10-24 00:39:27 · answer #3 · answered by acermill 7 · 2⤊ 0⤋
The first thing that you need to do is contact your local police department. File a complaint that she stole the sprinklers. I am assuming this because you stated that she removed them. Also file a complaint that she trespassed. While you are downtown go to city hall and get a copy of your property platt. If she is trying to sell your property with an adjoining property you need to contact the real estate office that she works for. Do this in writing and make sure that you keep a copy for your self. Enclose a copy of the property documents. In the letter inform them that you have filed theft and trespassing charges against one of their agents. Also inform them that this agent insists on including your property in the sale that she is trying to make with the adjoining property. Good luck to you
2007-10-23 21:12:01 · answer #4 · answered by D and G Gifts Etc 6 · 0⤊ 0⤋
You can take them to small claims court and see what the judge says. Remember you are suing them for damages---like the cost of replacing the sprinklers---not for harassment.
It is also good to name the hightest responsible person as a defendent. In a real estate office that would usually be the broker or president of the company. They may settle to avoid the hassle of going to court or bad PR.
2007-10-23 21:05:08 · answer #5 · answered by San Diego Art Nut 6 · 0⤊ 1⤋
Check your abstract . . . you may have inadvertently allowed the realtor to sell the additional piece of property. How many plat numbers do you have? Have you subdivided the property?
2007-10-24 02:36:43 · answer #6 · answered by CHARITY G 7 · 0⤊ 0⤋
1-800-SUE-EVERYONE. Someone needs a hobby.
2007-10-24 04:55:21 · answer #7 · answered by Adam A 2 · 0⤊ 0⤋
maybe you should've thought about that before you put the sign up..........
2007-10-23 21:02:29 · answer #8 · answered by Alex! 3 · 0⤊ 2⤋
u can shoot him too.........yh..sure.sue away.........
2007-10-23 21:02:56 · answer #9 · answered by Anonymous · 0⤊ 2⤋