QLD Property Law - Friend Abandoned Shipping Container on My Property?

[Meagan Molloy]

Hi,

I have a 'friend's' shipping container (emptied when I asked the container to be moved by end of August 2017 under two weeks before the end of the month) on my property. I have messaged a few times asking for the container to be gone by end of August 17 and when that date passed without action l asked again - was told that weekend would have an answer.

That deadline came and went. Now I have asked for it to be gone by end of September 17 or I will sell it to recover costs of disposing of it. To this l have received no answer, though the message was seen within twelve hours. Where do l stand with this under property law please?

Thank you.

 

[Rod]

What is the container worth? Did you charge your friend any money for storage?

 

[Meagan Molloy]

lol Thanks Rod. Any suggestions lol

 

[Meagan Molloy]

Container is a 40 foot, bought for $1700 and moved here for $300.

 

[Meagan Molloy]

And no - haven't yet charged for storage.

 

[Rod]

You need to send your friend a letter by registered post. I wouldn't trust a txt msg as being acceptable in court in case friend takes you to court.

Letter should give a reasonable time to remove (say 60 days from date of letter), and explain that if container is not moved it will be disposed off by you without further notice.

You can then sell it, auction is best (eg ebay). I'd keep the money quarantined for 12 months in case the friend demands the money, in which case you probably should handover the money less your expenses. The money is not necessarily yours to retain but this solves the problem of having a container on your property.

I'd also advise the police this is what is happening so you are not accused of theft.

Alternatively if you have a use for the container, then say in letter that the container will be considered abandoned after 60 days and now claimed by you. You may have to hand over the container if friend takes you to court, but that's their problem to fix. The longer you have it, the more 'right' you have.

BTW, keep a copy of the letter in a safe place. Might be needed sometime in the next 6 years.

 

[Meagan Molloy]

You need to send your friend a letter by registered post. I wouldn't trust a txt msg as being acceptable in court in case friend takes you to court.

Letter should give a reasonable time to remove (say 60 days from date of letter), and explain that if container is not moved it will be disposed off by you without further notice.

You can then sell it, auction is best (eg ebay). I'd keep the money quarantined for 12 months in case the friend demands the money, in which case you probably should handover the money less your expenses. The money is not necessarily yours to retain but this solves the problem of having a container on your property.

I'd also advise the police this is what is happening so you are not accused of theft.

Alternatively if you have a use for the container, then say in letter that the container will be considered abandoned after 60 days and now claimed by you. You may have to hand over the container if friend takes you to court, but that's their problem to fix. The longer you have it, the more 'right' you have.

BTW, keep a copy of the letter in a safe place. Might be needed sometime in the next 6 years.

Thanks Rod

 

[Jack be nimble]

Thanks Rod

Hi,

Not 60 days, 3 months and make sure that you send it to an address at which you are certain he resides, deliver by hand to there if reasonable but if unknown to his last known address... You have to be fair dinkum. Personally I'd give the demand to a process server

 

[Meagan Molloy]

Hi,

Not 60 days, 3 months and make sure that you send it to an address at which you are certain he resides, deliver by hand to there if reasonable but if unknown to his last known address... You have to be fair dinkum. Personally I'd give the demand to a process server

Thanks, appears my message has been listened to and it is to be removed this week. Should it not go l will go through the demand process/

 

[Jack be nimble]

Thanks, appears my message has been listened to and it is to be removed this week. Should it not go l will go through the demand process/

If you go that way make sure now that you advise the owner now that if you dispose of it all that is in it will also go....advise him to come and collect....with no inhibition by you all he wants of any value from it...so that if you sell it he will not lose valuable goods with it....be neighbourly to the end.

It may have cost $700 to get it there but might cost $2000 to remove it and where will it go?....he may have no other place near-bye so might have to go some distance...Lord Atkins I think it was in the House of Lords matter (Donoghue v Stevenson {1932} ) who raised the matter of neighbourliness (in duty of care a negligence claim) based really on what we call the golden rule to ensure no religious impression could be possibly given (Like the pathetically infantile BCE used today instead of BC). All you want is it gone...but don't lose your soul to do it.