What can a current landowner do about abandoned equipment?

Full question:

Large piece of equipment (pan) was put on property of previous owner. Current owner of land would like equipment removed even though it's been there for some time. What can be done?

• Category: Abandoned Property
• Date: 04/07/2025
• State: Tennessee

Answer:

The resolution depends on whether the equipment is considered abandoned and if there was a contract for its use. If abandoned, local abandoned property laws apply, which can differ by area. Typically, these laws require notifying the last known owner of the equipment, providing a deadline for retrieval before it can be sold. It's advisable to contact the local police department for specific abandoned property laws.

When someone holds property for another without compensation, a bailment is created. In a gratuitous bailment, the bailee must take reasonable care of the property. There are different types of bailments: 'bailments for hire' (where the bailee is paid), 'constructive bailment' (where circumstances create an obligation to protect the goods), and 'gratuitous bailment' (where there is no payment, but the bailee still has some responsibility). The standard of care is lower for gratuitous bailments, and the parties can agree to limit the bailee's liability.

In Tennessee, property left by a tenant is considered abandoned if the tenant has been absent for at least thirty days without explanation or has not paid rent for fifteen days, indicating they may have vacated. In such cases, the landlord must notify the tenant of their intention to take possession of the property within ten days. If the tenant does not respond, the landlord can remove and store the property for at least thirty days. If not reclaimed, the landlord may sell or dispose of the property, applying proceeds to unpaid rent and fees (Tenn. Code Ann. § 66-28-405).