Q: Several years ago, I allowed members of my family to store old vehicles and other junk on my land. They have since separated and I have been trying to get them to remove their property off my land. The wife has told me to sell the stuff, but I haven’t heard from the husband. We never had a formal storage agreement nor have I received any money for storing the goods. How do I proceed? Can I give two weeks notice by registered mail for them to remove their stuff? What if the husband refuses to sign for registered mail?
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A: In law, there is a principle of abandonment. This means that a person can lose property rights by the passage of time if he does not assert control over his property.
Abandonment occurs when there is a total relinquishment and desertion of property. Whether there is desertion is going to depend on the facts of each case and the judge’s interpretation of those facts. The onus is on the person alleging abandonment to prove it.
Assume you sell the vehicles without notifying the owner. The owner then claims for the vehicles or the money you received. The onus would be on you to show that the vehicles had been abandoned and you had the right to sell the vehicles.
Simpson vs. Gowers, an Ontario Court of Appeal case, is a good example of abandonment. A sold his farm to B, and B agreed that A could continue to store his soybeans for the next two years on the land. B then sold the land to C. A was aware of the sale but did nothing to remove his crop and C sold the beans. A then sued C for the value of the beans and lost at trial.
On appeal, the court ordered that the onus was on C to show that the beans had been abandoned and had not done so. A new trial was ordered. As far as I can determine, the matter never went back to trial.
The fact you did not have a formal agreement does not mean there is no agreement. The law would imply that you consented to the storage. In my view, that consent can be withdrawn by clear notice and giving the owner a reasonable time to remove their property. If he failed to do so, the property would be deemed abandoned.
What is clear notice and a reasonable period? Unfortunately, there are no hard and fast rules for this situation. If it came to a serious legal dispute, it would be up to a judge to decide what was reasonable.
Finally, if you’re concerned the uncertainty could continue forever, Limitations of Actions legislation would prevent the owner from advancing a claim after six years in most provinces, but only two years in Alberta.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
