It is empty. Owner made sure a remover came within a week of me first saying container needed to be removed from property - that was mid August.
QLD Property Law - Friend Abandoned Shipping Container on My Property?
- Thread starter Meagan Molloy
- Start date
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- property law
bless MeaganNot everyone is empowered to or can find other affordable storage and 'not my problem' is pretty poor approach wherever it
arises. People's eyes are commonly bigger than their stomachs and as the immediate desire fades, the sense of protection
fades also..until challenged, say by the person left with the goods, I recall selling my property in the Yarramalong Valley after
having problems with a policeman tenant not paying rent...I arranged to have my lovely 34 Dodge left in the garage for "I expect
6 weeks" as I had no storage...and being in my situation didn't even think of a commerical storgage though I sought 'garages
for rent' . When I went to collect it after 8 it was gone...never recovered. I have a litany of storage stories.
.
As well you may not like the item being left 'there' but might tolerate it longer if moved to 'over there' to give a little longer.
A clear and written agreement including right to dispose of the goods if left past an agreed date makes the matter easier...
however functioning legally, even past a personal arrangement is generally a good idea. The parties could agree to an
address for service of notices, for example, and that notices to that address being agreed to be 'served'.
I should add that the three months I mentioned is typical of 'reasonable' in disposing of goods left in property rental situations
however if you know a person is travelling overseas or has died (as examples) then binding-to statutory periods are hardly
reasonable and neighbourly approach undertaken, irrespective of their lack of it or perceived lack of it. One might be wise
to check whether items left in rural situations meet the same criteria as suburban residential.
In another posting a person drew attention to some rules in the matter, but one should ensure they work to the state in which
the goods are situated. This is the Western Australian site.
"https://www.legalaid.wa.gov.au/SiteCollectionDocuments/Disposal of uncollected goods.pdf"
arises. People's eyes are commonly bigger than their stomachs and as the immediate desire fades, the sense of protection
fades also..until challenged, say by the person left with the goods, I recall selling my property in the Yarramalong Valley after
having problems with a policeman tenant not paying rent...I arranged to have my lovely 34 Dodge left in the garage for "I expect
6 weeks" as I had no storage...and being in my situation didn't even think of a commerical storgage though I sought 'garages
for rent' . When I went to collect it after 8 it was gone...never recovered. I have a litany of storage stories.
.
As well you may not like the item being left 'there' but might tolerate it longer if moved to 'over there' to give a little longer.
A clear and written agreement including right to dispose of the goods if left past an agreed date makes the matter easier...
however functioning legally, even past a personal arrangement is generally a good idea. The parties could agree to an
address for service of notices, for example, and that notices to that address being agreed to be 'served'.
I should add that the three months I mentioned is typical of 'reasonable' in disposing of goods left in property rental situations
however if you know a person is travelling overseas or has died (as examples) then binding-to statutory periods are hardly
reasonable and neighbourly approach undertaken, irrespective of their lack of it or perceived lack of it. One might be wise
to check whether items left in rural situations meet the same criteria as suburban residential.
In another posting a person drew attention to some rules in the matter, but one should ensure they work to the state in which
the goods are situated. This is the Western Australian site.
"https://www.legalaid.wa.gov.au/SiteCollectionDocuments/Disposal of uncollected goods.pdf"
Hi, There is a lot more to this story than is written here - as with most stories. I am neither intolerant nor unfair in my decision to ask for this container (now empty as all possessions were removed in August some two weeks or so before the first deadline came and went without correspondence, but after l had asked for the container to be moved, giving a reasonable time to arrange) to be asked politely to be removed from my property. This is neither a business arrangement, nor a rental/tenant arrangement, nor is it a sale of property nor a death, nor a marriage/civil union breakup, nor a family matter. There comes a time in ones life where enough is enough of being walked over by those who are not strangers. Commutation is often the key from both sides. When this communication stops, it leaves a very, very sour taste in your mouth. I am sorry to hear you have had difficulties in your past with storage of goods and how sad your lovely 34 Dodge was never recovered, however please don't assume l have not been fair nor given all reasonable and polite consideration of having this container removed from my property. Cheers Meagan
My parents bought a farm years ago that had an old broken down and rusted machine in the paddock. After some years they sold it fro scrap metal, several years later the previous owners turned up trying to claim compensation for the machine 'in working order' and my parents had to pay them a sum of money to settle - i don't know how much but they were not happy.
So the moral of the story is, if you have an old broken down machine, put it on a block of land of a 'friend' or a block you want to sell then come back years later and claim it was in working order!
So the moral of the story is, if you have an old broken down machine, put it on a block of land of a 'friend' or a block you want to sell then come back years later and claim it was in working order!
Sorry guys but it’s not as simple as you have made it.
If the uncollected goods act applies and you are deemed bailee, based the assumed value of the goods (the container) you can only dispose of with a court order from the local court
Plus your friend has acknowledged the goods so they are NOT abandoned, unfortunately you are stuck with it.
You can however, move it yourself or utilise it whilst you are in possession
If the uncollected goods act applies and you are deemed bailee, based the assumed value of the goods (the container) you can only dispose of with a court order from the local court
Plus your friend has acknowledged the goods so they are NOT abandoned, unfortunately you are stuck with it.
You can however, move it yourself or utilise it whilst you are in possession
Moving an item like a shipping container is not a trivial exercise and leaves the bailee open to dumping charges, or theft or paying storage elsewhere. Better advising the police of action, selling at auction and holding the money on trust once proper notice has expired.
But sounds like the OP has the matter in hand now.
But sounds like the OP has the matter in hand now.
BTW, my understanding is that claiming abandoned goods can be achieved first obtaining lawful possession. That can be done through court order, or I believe but not certain, that withdrawing from the bailee/bailor relationship with proper notice can give lawful possession. Once the relationship ends, the goods if not picked up can then be deemed to be in the lawful possession of the former bailee.
In Queensland it’s the ‘Disposal of Uncollected Goods Act’, and the Act only applies to bailments made in the course of business. Unless this was a business arrangement, and you’re in a business where you accept goods for a purpose where they will be returned, then this Act does not apply.
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