Seller Took Gates/Fencing

[JanM]

I’m wondering if they sold the gates to someone else?

Everyone on here is right, they need to return the gates or pay for the ones that are on exterior fencing. And Friday, everything is off your property, or you remove it from your property before the sellers leave your property. You are not storage, and they have no right to turn you into a storage unit. What happens to their property is not your problem, as long as it’s not on your property.

I would also have some help standing by to supervise them leaving, and take photos of anything they leave behind, or any damage they do. Actually, I would go by your property and photograph everything showing the condition of the property, the missing gates, and anything that is left behind. No matter what they say about another trip, or leaving something for later, make sure you have a witness when you say no.

Don’t make any concessions about anything for these people. I don’t care what their issues are, they don’t leave anything, and you give them nothing.

[Falconfree]

@4LeafCloverFarm

I sure hope they left sufficient food/hay for their horses. Do they have friends looking after their horses or are you supposed to? And what on earth are they telling you that you can’t go on your own property?!? That’s just crazy!

I assume somebody is looking after the horses, because they were switched around to different pastures. I am keeping an eye on the hay bales and the remaining waterers, just in case.

@OverandOnward

Just a guess - sounds like they haven’t mentally/emotionally fully detached from the farm, yet. Left their stuff behind, including their horses, and think they can keep you off until they “get their stuff”. They have a problem with boundaries.

Be ready for some strange interactions on Friday. Absolutely stay close to them to be sure that more of your stuff doesn’t leave with them. Speak up if anything they do, say, or take is inappropriate. Don’t worry about keeping things friendly - they will use it to manipulate you out of more stuff. The best you can try for now is cordial. But even that isn’t solely your responsibility.

Don’t let them in without those gates. Saying they will put up gates for you “anywhere you think you need them” is a bs non-specific answer. They aren’t going to do squat, based on that answer. Be very specific with them that they need to return the gates they took as soon as they arrive on Friday. Otherwise you won’t be able to unlock the front gate for them (hope there is still a front gate, otherwise have one installed with a lock). I suggest stand your ground even if you think it would be easier to just forget it, because if they think you’re ok with the gates disappearing, they may try to latch on to even more things they are no longer entitled to. Be matter-of-fact, non-confrontational, definite and firm.

I’m sure you are ready to get this over with on Friday. But, they may try to leave stuff behind for a second return trip, or use your new farm for permanent storage of stuff they consider theirs (thinking they will still have access later). The truth will be that they just didn’t bring enough transport and help (assuming). Be prepared with a plan to handle this. Tell them by what specific date you will relocate it to a third-party location for them to pick it up there, with you no longer being responsible for it (within a week). If it comes to that, execute the plan, and then you’ll be done with them, whether they help or not.

Hopefully they don’t try to leave their horses with you indefinitely, on free board. (I’ll refrain from saying that in your place I’d worry that they care more about those gates than the horses. And that they’ve already gotten what they most wanted off the farm, and dang it they left the horses.)

Hopefully this post is a complete over-reaction! :winkgrin: But what you’ve posted has red flags popping out all over, to these eyes. :eek: :o Good luck!

The scenario just reminds me of an evicted tenant claiming they had no resources to move their things. They were actually trying to manipulate continued access to the property. When I explained where and when they could find any things they left behind, and not my responsibility after those things were placed in that space for them to pick up “later”, suddenly they had a moving truck and labor-help to get it all. :yes:

Thank you, your post is pretty dead on. They really are nice folks, but boundary issues. I’m pretty confident they are going to pick up the last two horses before the deadline we set. They only have a two-horse trailer and a bunch of horses, so moving the horses several states away has been a very slow process. There was one rescue horse she kept trying to get me to keep, and I was nervous that he was going to get left behind, even though we said no. They took him in the last load, whew.

The original agreement we had was that everything would be cleared out by Friday, except the outbuildings, which they didn’t have a specific date on. Reading your post, I’m afraid you are correct about how they would use the flexibility we were trying to offer. Now we have it in writing that they have until Saturday to get everything, including outbuildings. There is a smaller, empty house on the property, and we are moving in today. Give us a better eye on things.

[downen]

When we bought our farm 25 years ago, the daughter of the sellers was living there after her divorce, and did not want her parents to sell. The day of the closing, the seller told us the keys were on the kitchen counter. When we arrived, the daughter was there with no keys in sight and she was claiming ignorance. We had to call the seller to come over, and when she saw her mother she tossed the keys in the corner of the room and pointed to them, “Oh, there they are.” We kept a close eye out for her for a while after that but never saw her again.

Hang in there, IME closings are never bump-free. You’ll look back on this as just another fun story one day!

[McGurk]

When we bought our place; we did not move in immediately after closing and the spurned ex-wife of the seller broke into the house and removed things several times; we had to get the seller, the seller’s agent and eventually law enforcement involved.

Ex wife claimed ignorance of the closing.

That was not the case.

Agree with the above advice. Have your agent and/or attorney explain to them what closing means, and what your expectations are going forward in no uncertain terms.

[Willesdon]

Install a new, lockable gate at the point of entry onto your land? Then the former owners and their friends wouldn’t be able to come and go as they wish. Closed after Saturday.

[trubandloki]

I have to agree with the posts that you should contact your agent and attorney about the missing gates. That is crazy that they just left openings.

[JanM]

No, they are not ‘nice folks’. They are passive-aggressive, and would be very glad to run over you if you let them. The first thing to do is change locks on the little house, the main house (even if you need a lock smith to get in, and rekey the locks for you). Make sure you video anything left after Friday, and tell them with witnesses, that anything after Saturday is abandoned, and will be junked, and your attorney will be sending them the bills for removal, and attorney fees.

Your new motto is “Don’t Tread on Me”, and “Don’t Pee on My Leg and Tell Me it’s Raining (Judge Judy)”. No more nice guy, or favors. By the way, who the hell do they think they are taking the gates, endangering the horses, and anyone driving by, and telling you when you can access your property?

Also, make sure all windows are latched securely, and change locks on both houses, anything else that locks, and supervise everything they take off the property. If they start whining about the deadline, tell them to get a storage unit, or their stuff goes at their expense.

Also, get into your house today, and make sure nothing has been left running that shouldn’t be, or unplugged that shouldn’t be, or anything else wrong. I buy smart locks, so I can change the keys myself (Qwikset maybe?). They have instructions on the package how to change the locks, so you can rekey instantly.

[moving_to_dc]

@S1969

That is unusual. Why on earth would you want to reinstall used fencing? Maybe pipe panels…but you actually pull posts out? That is weird.

If it is in the contract then I guess buyer beware.

Why didn’t you just adjust your home/farm price accordingly and leave it?

We tend to move to rather rural locations, and the fuel and time spent to pick up new items at a feed store that is a 50 mile round trip tends to add up quickly. Plus the price of new vs. re-using what we have had for 20+ years. It is not difficult to pull the posts out at all. We have easily saved $10,000+ over the years by re-installing everything. What is unusual to me is that someone would willingly spend that amount every 18-24 months on new materials. You don’t get it back when you sell, interior fencing and gates have never “added value” to our property… sellability, maybe, but it has never affected our appraisal.

@clanter - the military pays to move our household goods, but NOT our farm “stuff”. Every military member has a max weight based on rank. We exceed that weight with our household goods, and end up having to move “garage stuff” and loaded freezers from one place to another, so throwing fencing, gates and farm implements on the load is no biggie. Friends and family help drive our convoy of trucks/trailers from one place to another, even as far away as Alaska.

[TMares]

@moving to dc

I have bought/sold all over the country as I followed my Air Force husband around. We ALWAYS ALWAYS ALWAYS take every. single. bit of interior fencing - pipe panels, posts, gates, tape, wire, whatever. We ONLY leave the perimeter fencing. All of this is always described in detail in the contract, and we have yet to have a buyer complain and/or ask for it to stay. We might be willing to leave it if we were fairly compensated… everything we take with us gets used on the next property to set it up the way WE want it, without any out-of-pocket expenses.

Are we talking T posts or wooden posts? I’m just curious. I can totally see moving the former, but not the latter, but then I’m not moving every time I turn around

[js]

Be careful, you now own the property and are liable for everything (horses included) on it. You really need to get with your real estate agent and there’s and get this cleared up. The old owners can’t keep you off the property, it no longer belongs to them. You need to have both agents there (as witness) when the old owners show up to remove their horses etc. Get some gates and forget trying to get the old ones back. Be careful they don’t remove things that belong to you. Agree with JanM, change the locks on all doors now! It would be wise to have someone on the property as much as possible.

[StarPattern]

Story time - When my parents bought their new house (in town, not a farm), they specifically asked to keep the window coverings including the custom sized blinds in the front room. When they got their keys, they found that the seller left all the window coverings… except for the custom sized ones. My parents’ realtor contacted the seller’s realtor to have them returned. No luck. This went on for about a month before the sellers mailed back some blinds that they said were the right ones. They weren’t even close to what was pictured in the MLS listing. Eventually, it ended up in a lawyer’s office over these window coverings because legally - anything that is installed and not listed as an exception on the MLS listing is considered sold with the house.

When I sold my house, I had to specify that the TV wall mount was not included, because it was bolted to the wall. I would assume it’s the same with fencing - if it’s not included as an exception in the sales contract, it’s considered part of the sale. So if your sales agreement said something along the lines of, “sale of house less the metal gates and metal fencing”, you’d be out of luck. However, if there was no written and mutually agreed upon clause about taking those items, you technically bought the house on the assumption they were included and you’re entitled to them back because they are considered fixtures.

[JanM]

Issues like property that conveys with the house is why I tell friends that if there is something like a chandelier, or something else of sentimental value that they’re taking with them, to replace it before they list the property.

[mvp]

@S1969

I guess they don’t understand the term “closing.” I would remind them that you closed already which means the property (and the gates) BELONG TO YOU NOW.

They are the ones that will need to ask permission to enter the property.

Actually, I would probably have my lawyer make that call. If they have a realtor and/or attorney I would make sure they are also aware.

Why not have your realtor call their realtor, or you call that person? After all, their realtor certainly can explain what happens at a Closing. IMO, you are owed the gates ASAP. In fact, they should have been there before you released their funds from escrow. Who did the final inspection and walk-thru for you? I’d go to that person and ask how they let the gates go. Those are attached and should have conveyed unless specifically excluded.

[Texarkana]

While I understand the annoyance, are people really getting this riled up over two metal pasture gates? Even the nicest of gates are only a couple hundred dollars. Yeah, I’d be miffed… then I’d just go buy two new gates. Not worth the headache of getting them replaced by the previous owner.

I’m more concerned with the previous owners leaving behind other belongings, including horses and outbuildings. Because in my experience, and from the OP’s posts, it sounds like they are the types to abuse the OP’s generosity. Even with it in writing that everything will be out Saturday, I’m just envisioning the “oh, we ran out of time/space Saturday and will be back sometime next week” text coming, followed by the surprise of coming home and finding people messing around on your property unannounced. Or coming home and finding more unanticipated stuff missing.

Signed,
Someone who has been in a few too many situations with property owners & lack of boundaries

[TheJenners]

Depending on size, it might be closer to the $500 for those two gates. Says me, who just had to buy 6 six gates recently. OP, if you haven’t contacted your agent about this yet, I’m not sure what you’re waiting on?

[clanter]

@Texarkana

While I understand the annoyance, are people really getting this riled up over two metal pasture gates? Even the nicest of gates are only a couple hundred dollars.

maybe, but I am in the access control business and have seen custom driveway gates that were easily mid five figures, even “cheap” ornamental steel gates can be a few thousand dollars

Even if these were cheap junky tube pipe gates that needed painting the cost of the gates really is not the problem…the gates if attached to a post set in the ground are part of the property they are not personal property

And yes I would be pissed,even if I was going to remove the gates anyway.

[brody]

@moving to dc

I have bought/sold all over the country as I followed my Air Force husband around. We ALWAYS ALWAYS ALWAYS take every. single. bit of interior fencing - pipe panels, posts, gates, tape, wire, whatever. We ONLY leave the perimeter fencing. All of this is always described in detail in the contract, and we have yet to have a buyer complain and/or ask for it to stay. We might be willing to leave it if we were fairly compensated… everything we take with us gets used on the next property to set it up the way WE want it, without any out-of-pocket expenses.

If it’s in the contract that’s fine. If not. … That’s the issue here.

[js]

@Texarkana

While I understand the annoyance, are people really getting this riled up over two metal pasture gates? Even the nicest of gates are only a couple hundred dollars. Yeah, I’d be miffed… then I’d just go buy two new gates. Not worth the headache of getting them replaced by the previous owner.
gates

There are horses using the pasture where the gates were. It was a safety issue more than anything.

[SonnysMom]

I would think that if the metal corral panels weren’t permanently installed I could see them taking them. I am picturing a round pen. I would expect them to take a round pen even if it was being used for turn-out.

However if in the sales listing indicated: paddock with metal corral panels or property has a round pen then if they removed them they may be obligated to return them. That to me would be deceptive adversing. Anything listed in the sales ad as a selling point implies that it would be included as part of the sale price.

[ReSomething]

Believe me, it’s not just the gates. According to the op the corral panels had created a paddock that was now completely missing, along with the separate gates and two horses behind a board. I have two runs off my stalls and if I took the 5 panels and left my horse in the stall with a rope across the front that would be pretty inconsiderate, even if the buyer agreed to allow my horse to stay.

like JanM says, get in the house and check for any other thoughtless removals.