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catonsville · Nov 29, 2014, 12:48 PM

Several years ago, I allowed our good friend to install a propane stove in our apartment. After our friend passed away her son came in and took the stove out.
Leaving just the copper pipe sticking up in the living room. What do you think about that? Was this right and legal?

ma0641 · Nov 29, 2014, 12:56 PM

It was their stove but surely it was not right to just take it. Legal? Depends on the agreement with your friend.

ballengerb1 · Nov 29, 2014, 04:56 PM

We need more information, did your friend live in this apartment with you? Do you own the apartment?

catonsville · Nov 29, 2014, 05:18 PM

Originally Posted by ballengerb1

We need more information, did your friend live in this apartment with you? Do you own the apartment?

Yes,Yes

ballengerb1 · Nov 29, 2014, 05:55 PM

Was the gas line there before the installation or did the friend install that too?

catonsville · Nov 29, 2014, 06:17 PM

Originally Posted by ballengerb1

Was the gas line there before the installation or did the friend install that too?

I allowed the son to install the gas line and stove being a nice guy. After his mom passed, I asked the son if I could have the stove remain due to it being already working and I did not want the gas line to be sticking out like a sore thumb. He came when I was not home and took it. Nice guy.

joypulv · Nov 29, 2014, 06:31 PM

I would have offered to buy it. He bought it and installed it for his mother, not you.

Legally, however, you might be able to argue in court that it was a fixture and therefore became your property as owner of the house. You would have to sue for it back.

Hardly seems right to me though, considering the situation. This wasn't a real estate transfer. If you don't like the pipe sticking up through the floor, go down to the basement and remove that section back to the next junction, and put the cap on there. Then plug the hole. Or tell him that you expect him to do it.

ballengerb1 · Nov 29, 2014, 06:42 PM

By asking him to leave the stove you showed you knew it belonged to him. What did he say when you asked him to leave it? You would have to argue this in court. He could say you acknowledged his owmershio when you asked him to leave it. You could claim it was appliances installed by a tenant and such improvements should become your property. Ownership is not very clear since both sides would have a good argument.

catonsville · Nov 29, 2014, 08:11 PM

Originally Posted by ballengerb1

By asking him to leave the stove you showed you knew it belonged to him. What did he say when you asked him to leave it? You would have to argue this in court. He could say you acknowledged his owmershio when you asked him to leave it. You could claim it was appliances installed by a tenant and such improvements should become your property. Ownership is not very clear since both sides would have a good argument.

There is more to the story but I will say just this. I will ask him one time to return the stove to where it was and hook it back up. If he refuses, I have an ACE I am holding close to my chest. End of story. Sneaky does not always win. "The Fat Lady Has Not Sung". I will tell you when and if it is returned.

Fr_Chuck · Nov 29, 2014, 08:35 PM

Since you asked, if you could keep it, you at that point, accepted the fact it was not yours, but his.

If you had said nothing, it would be different.

Since you told him basically, this stove is yours, can I keep it, or do you want it back, it can take it.

If he has legal access to your home, (where does he live, and how was he able to come in, while you were gone?) but if he is allowed to come into the home, yes, there is nothing illegal,

ScottGem · Nov 30, 2014, 09:02 AM

I'm going to go with the others. You did acknowledge that the stove belonged to him. The key here was whether he had a right to enter the house,

catonsville · Dec 1, 2014, 05:30 PM

Originally Posted by ScottGem

I'm going to go with the others. You did acknowledge that the stove belonged to him. The key here was whether he had a right to enter the house,

Update: I contacted a lawyer and he told me as soon as he tapped into my original propane line, installed copper line and nailed or screwed the line to the floor joists, drilled a hole in the floor, attached the stove to that line, it became a fixture of the apartment. The stove must be returned and installed. Or if he wants to take the stove, he has to remove and repair everything fill the hole in the floor and the cinderblock hole. If it can't be solved, the lawyer said call him back.

ballengerb1 · Dec 1, 2014, 07:05 PM

Like I said in post 8. This lawyer will be happy to represent you if the guy refuses to return the stove. There are good arguments on both sides. In the USA possession is considered 9/10 of the law.

Like I said in post 8. This lawyer will be happy to represent you if the guy refuses to return the stove. There are good arguments on both sides. In the USA possession is considered 9/10 of the law. This saying is not actually true as it sounds but it puts the burden on you tp prove it is yours.

ScottGem · Dec 1, 2014, 08:03 PM

I would get a second opinion. Sure the attorney agrees because he wants to bill you. Unless the attorney takes the case on contingency, I wouldn't be so sure he is right.

But I agree that if he removes the stove he has to return the apt to pre stove condition.

catonsville · Dec 1, 2014, 08:22 PM

Originally Posted by ScottGem

I would get a second opinion. Sure the attorney agrees because he wants to bill you. Unless the attorney takes the case on contingency, I wouldn't be so sure he is right.

But I agree that if he removes the stove he has to return the apt to pre stove condition.

Hey, I agree with that. I just don't want a pipe sticking up from the floor. I don't need to have the stove,