NEIGHBOR REMOVED MY OIL TANK WITHOUT PERMISSION!

NEIGHBOR REMOVED MY OIL TANK WITHOUT PERMISSION!

Brooklyn, NY · Member since 2017 · 39 posts · 7 votes
Wondering what people here would say to the following story. We have a property, and next to it is a property that is being sold. The buyers called an inspector that found an oil tank. So the buyers told the seller that she needs to remove it. They ordered a company to remove it. Meanwhile the seller went away for a month, and she gave the ok for the tank removal. they dug up took it out. When the seller came back she realized that they removed the oil tank from our property, not from her's. The oil tank from our property was cleaned like ten years ago even before we bought it and we have a certificate that everything was done correctly. The seller ( my neighbor) calls me and sends me an email that she removed our oil tank and she wants we should split the cost 50/50. Now, she went on my property (transpassing) without consent, dug it up, took out the an oil tank that was perfectly fine, filled back up the whole just with dirt and stones not even putting back concrete like it was before, and asking us to pay 50/50, which btw, she claims it cost her $12,000 and wants us to pay $6000, the price itself doesn't make sense. So I'm wondering what my friends here would say or do to such a story. Thank you P.S. I'm open to hear things that I might have missed.
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Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
9y

I would ask her when she is going to finish repairing the damage she has done to your property.

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    9y

    I would ask her when she is going to finish repairing the damage she has done to your property.

  • Brooklyn, NY · Member since 2017 · 39 posts · 7 votes
    9y
    Thanks Jon Holdman , that was a quick response! Do you think that there is any legal action I can take in case I see that she's not cooperating?
  • Pacifica, CA · Member since 2016 · 21 posts · 2 votes
    9y
    Have her put it back. If you want it back. She had no right. Court will agree of it went to that. Or just don't pay.
  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    9y

    Yes, I do.  She trespassed on your property and damaged it.  Takes a lot of gall to demand payment in this situation.  I think it might be worth consulting with an attorney.

  • Brooklyn, NY · Member since 2017 · 39 posts · 7 votes
    9y
    Thanks David Melton
  • Brooklyn, NY · Member since 2017 · 39 posts · 7 votes
    9y
    Thanks Jon Holdman. David Melton , I really don't care if she took it away, I just wouldn't spend now $12,000 nor would i spend $6000 to remove it. It was taken care of before we bought our property and it was perfectly fine.
  • Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    9y
    you might have a claim against the contractor also, plus they carry insurance.This should be interesting but will work out in your favor
  • Colorado Springs, CO · Member since 2016 · 84 posts · 48 votes
    9y
    Trespassing and theft! This can go a few different ways. 1. You don't care that it was removed and you just don't pay her because she was in the wrong. (Her mistake, therefor her wallet pays for it) 2. Sounds like the attorney needs to be called soon.
  • Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    @Sol G.   I would tell her she should not pay the contractor until they remove her tank.  Most likely she owes them nothing for your tank.  The only case in which, I can imagine her owing them would be if she gave them your address by mistake.

  • Rental Property Investor · Gainesville, FL · Member since 2015 · 1k+ posts · 432 votes
    9y

    @Sol G. I would also add, look at the contract (if you can) to see if the contractors wrote down the correct property address. What she told them and what they wrote can be where the mistake occurred. If the contractor has her property address then I would think the contractor should make this right with her to remove her tank and fix your fill in properly. And surly an attorney with knowledge of contracts and (I don't know, land rights?) trespassing laws in that area can illuminate these issues. 

  • Brooklyn, NY · Member since 2017 · 39 posts · 7 votes
    9y
    Thank you all for your advice, I really appreciate it.
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