QUESTION

When can a gift of landscaping materials be demanded back from a former neighbor?

Asked on Mar 06th, 2014 on Family Law - Michigan
More details to this question:
These were given to me as a gift about one year ago as my neighbor was moving, (rental) and had to remove the items from the yard area. The items are bulky, heavy and since she had no place to move the materials, she gave them to me. Unfortunately, there was only a verbal acknowledgement between my neighbor and myself. Since the time the landscaping materials were given to me, the relationship with the former neighbor has soured, and the former neighbor has threatened to take me to court. Thank you in advance for your reply.
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4 ANSWERS

Michael J. Breczinski
Gifts never have to be given back unless they are conditional. The best example of that is an engagement ring where the marriage never happens.
Answered on Mar 07th, 2014 at 10:09 PM

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Thomas Edward Gates
Under contact law, there must be an offer and consideration. Here she offered the material to you. You accepted by donating your labor to remove the items. So, a valid contract was made. Also, it can be treated as a gift. She would have to show that she gave you the items for keeping and you failed to give it back. Let her take you to court.
Answered on Mar 06th, 2014 at 9:13 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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If the materials were given to you without anything in writing requiring that you store them, pay something for them, etc. the court would have to presume them to be a gift. Your former neighbor would have a hard time proving otherwise. However, to maintain peace and because it's less hassle (even if a false claim is filed with the court, you still have to respond to it) if you still have the materials, give them back. If you no longer have them, or their used in a way that makes it difficult to return them ( fence posts that would require you to tear down the fence) then send a friendly letter stating what the reality of the situation is. If it's plants, dig them up and return them or if perennials, divide them and return as much of the original as possible.
Answered on Mar 06th, 2014 at 9:12 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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A gift, once delivered, transferred title. The materials are yours.
Answered on Mar 06th, 2014 at 9:05 PM

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