When Can I Legally Remove Abandoned Property from a Red Tagged Home?

Question from Raymond wagner, When Can I Legally Remove Abandoned Property from a Red Tagged Home?

Answer from AI:

When a residential property is “red-tagged” by code enforcement, it typically means the property has been deemed unsafe for occupancy due to violations of safety codes or structural issues. Removing property or belongings from such a property can be legally complex, especially if you are not the owner. Here’s a general guide to help you understand the situation:

Key Considerations

1. Ownership and Authority

   • If you are not the owner of the property or the belongings, you generally do not have the legal right to remove items from the property, even if they appear abandoned. Ownership of the property and its contents typically passes to the deceased owner’s estate, and the legal authority to manage the estate rests with the executor or administrator appointed by a probate court.
   • If no estate is in place, the property may fall under the jurisdiction of local authorities or remain in legal limbo until someone claims it.

2. Abandonment Laws

   • Property or belongings are not automatically considered “abandoned” just because they have been left outside for a period of time. Abandonment laws vary by jurisdiction, but generally, the owner (or their estate) must explicitly give up ownership for items to be considered abandoned.
   • If the property is red-tagged and deemed unsafe, the local government may have authority to remove hazardous materials or debris, but this does not necessarily give you the right to take items for yourself.

3. Trespassing and Property Rights

   • Entering someone else’s property without permission, even if it is red-tagged, can be considered trespassing. Taking items from the property without authorization could also be viewed as theft, even if the items appear abandoned.
   • If you believe the property or belongings are truly abandoned and you wish to remove them, you should first seek permission from the legal owner or the appropriate authorities.

4. Disposal of Property

   • If the property is red-tagged and the owner is deceased, local code enforcement or public health agencies may have the authority to remove and dispose of items that pose a safety hazard or public nuisance. However, this process typically follows specific legal procedures, and you may not have the right to take matters into your own hands.

Steps to Take

• Determine Ownership: If the owner is deceased, contact the executor of the estate or the probate court to determine who has legal authority over the property and its contents.
• Contact Local Authorities: Reach out to your local code enforcement or public works department to inquire about the proper procedures for handling abandoned property or debris on a red-tagged site.
• Seek Legal Advice: If you believe you have a legitimate claim to the property or belongings, or if you are unsure about your rights, consult with a legal professional. They can help you navigate the situation and ensure you are acting within the law.

When Legal Advice is Necessary

• If you are not the owner of the property or the belongings, it is crucial to seek legal advice before taking any action. Removing property without authorization could lead to legal consequences, including charges of theft or trespassing.
• If you are a neighbor or a concerned citizen, your role is generally limited to reporting the issue to the appropriate authorities rather than taking matters into your own hands.

Conclusion

In summary, it is not legal to remove property or belongings from a red-tagged residential address unless you have explicit permission from the legal owner or proper authorization from local authorities. If the owner is deceased, the situation becomes even more complex, and you may need to work with the estate or local government to resolve the issue. Always consult with a legal professional for personalized advice tailored to your specific circumstances.