US Legal Forms
Legal Resources
Questions & Answers
Abandoned Property
What are my obligations for unclaimed property in my garage?

What are my obligations for unclaimed property in my garage?

Q: How long before personal property is considered abandoned in Alabama?

In Alabama, personal property is generally considered abandoned if the owner does not claim it within three years after their right to demand it arises (Ala. Code § 35-12-73). If the owner has not communicated their intention to reclaim the property during this time, the property can be disposed of by the possessor.

Q: What makes a property private property?

A property is considered private when it is owned by an individual or entity and not open for public use. This ownership grants the owner exclusive rights to control, use, and manage the property. Legal protections are in place to prevent unauthorized access or use of private property.

Full question:

I live in Jefferson County Alabama and my garage is full of personal property consisting of clothes, household goods, misc. nothing of much value but the owner refuses to pick it up. First, I put it in storage but it was costing me a hundred a month so after 8 months I took it back to the garage. What are my obligations to the owner of this property she refuses to pick it up, wants it brought to her in Missouri, refuses to pay the costs to do that.. How long must I hold this junk before I can take it to the dump. I really want to use my garage?? Please help

Category: Abandoned Property
Date: 04/07/2025
State: Alabama

Answer:

In Alabama, property is presumed abandoned if the owner does not claim it within a certain timeframe. For most personal property, this period is three years after the owner's right to demand the property arises (Ala. Code § 35-12-73). If the owner has not communicated with you regarding the property during this time, you may be able to dispose of it.

Since the items in your garage are of little value and the owner has refused to pick them up or pay for their transport, you may consider them abandoned. However, it is advisable to wait for the three-year period to pass before disposing of the items to avoid any potential legal issues.

To summarize, keep the items for three years from the last time the owner indicated interest or communicated with you. After that, you can take the items to the dump.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What counts as private property?

Private property refers to any property owned by an individual or entity that is not available for public use. This includes land, buildings, vehicles, and personal belongings. In Alabama, private property is protected by law, meaning the owner has exclusive rights to use, sell, or dispose of it as they see fit. Trespassing on private property without permission can lead to legal consequences.

What is considered private property in Alabama?

In Alabama, private property includes any land, buildings, or personal items owned by individuals or businesses. This can range from residential homes and commercial properties to vehicles and personal belongings. Owners have the right to control access to their private property and can take legal action against unauthorized use or trespassing.

What counts as trespassing in Alabama?

Trespassing in Alabama occurs when someone enters or remains on private property without the owner's permission. This includes crossing property lines, ignoring 'No Trespassing' signs, or staying on the property after being asked to leave. Trespassing can result in civil liability or criminal charges, depending on the circumstances.

How long before personal property is considered abandoned in Alabama?

What makes a property private property?

What is considered personal property in Alabama?

Personal property in Alabama refers to movable items that are not fixed to land or buildings. This includes furniture, vehicles, clothing, and other belongings. Unlike real property, which includes land and structures, personal property can be easily transported and is subject to different legal rules regarding ownership and transfer.