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I wouldn't be surprised if EPA regulations require them to recover equipment of this type.

JustLJ said:   Nope. They would fall under the same provisions for a utility to come onto the property and retrieve their equipment, since you choose not to renew.

What do you mean the same provisions as a utility?

Utility companies have utility easements that guarantee them access and their equipment is on their easement area. The city also requires each specific utility to be responsible for certain things on a per-utility basis. Sewer is responsible for the main, but not the linear line to your house. Power is responsible for everything to the trunk, but not the fuse panel. Cable/Internet/Phone is responsible for everything outside the house. Gas is responsible for everything to the meter.

There isn't a "general utility" thing I don't believe. Everything is clearly laid out for each utility.

If you sign an agreement with a utility, you have a contract w/the utility provider through your mortgage. if a utility easement exists, utility employees can go onto the property and maintain the area or install new lines. There's a fine line between the utilities and local government. There's a big bold line between any other service providers that don't have a contract or explicit agreement with a homeowner. Even w/an easement there are conditions that need to be met when conducting work on private property.

OK, so I have a letter in front of me from Arrow (one of the first ones I received that is postmarked June 6, 2013). I moved into the house July 2012. The letter is a single page and states the following verbatum: "You have a Termite Guarantee policy on your home and it is held by Arrow Exterminators. unfortunately we have been unable to contact you to schedule your annual renewal inspection. It is important that we get this scheduled right away to avoid losing valuable coverage. please call our office to schedule your inspection and update your account information. Or if you prefer, you may complete this form at the bottom of this letter and mail or fax back to our office and we will contact you. We appreciate your business and the opportunity to help protect your home. We look forward to hearing from you soon. Sincerely, Arrow Exterminators.

When I received this letter, I did call to see how much it would cost to renew and they quoted me $340 or $350 over the phone. I told them I would think about it and hung up. There was no mention of removing the stations either in the letter or on the phone.
A few weeks later, I received an invoice for $350 to renew the contract. This was an actual invoice and not a letter. I received one more of these a few weeks ago, but am unable to find (may have been discarded). I do not remember EVER seeing anywhere on the invoice that said that if I didnt pay the invoice, they would come take back their equipment.

Im more pissed about them coming onto my property without my permission and leaving damage in their wake than having the system back. I plan to work this weekend to re-fill the holes they left and cover back the spots they left bare. Its probably a few hours of my time, but it is time I should not have to spend doing this.

In response to "Conman's post" I have not actively "used" the systems. In fact, I didnt really know they existed until I saw the first letter, then I noticed them in the ground (a few months ago). I never added any bait or changed anything with them. For all I know, the bait inside is all used up or molded (we've got a lot of rain here this year) and since they only come out once per year instead of the recommended 4+ times, Im thinking that the original owner who paid for these really got ripped off and there wasnt much if any useful life left in the bait.

In response to ZenNuts, I have never signed ANY contract or document that had any mention about Arrow Exterminators (I can all but guarantee there was zero wording in the home sale contract that contained anything about Arrow Exterminators).

Take pictures of the hole then fill it, it's a safety hazard.

It won't be something specific mentioning any specific vendors in your closing document, at least around my neck of woods. It's the seller's responsibility to disclose any such contract. I would at least try to have a email or conversation with the last owner before reporting a theft.

Glitch99 said:   turtlebug said:   
The delay might have been because the termite letter, which the original homeowner paid for, gave a warranty or guarantee that the property was termite free and/or treated with Sentricon bait systems and Arrow couldn't remove their property when the new homeowner decided not to renew until the warranty/guarantee period was over. I'm just guessing though. It certainly would help to see the original termite letter Arrow provided at the time of sale.

Any such letter would merely be in respect to the current condition of the property, not potential future damage.

Wrong. Georgia is a prime area for termites. The official 'Georgia Wood Infestation Inspection Report' (also called a Clearance Letter or Termite Letter) follows a comprehensive inspection and provides a 90 day warranty for infestation.

I can tryo to contact the original owner, but I know she moved out of State (reason for selling the house). Even if I can get hold of her, I would very much doubt she would have the original contract still in hand. Again, I will look through all of my documents at the house when I get home tonight, but I dont remember seeing any Arrow Exterminator contract.
I will take more pictures tonight if I can, but it is raining again today/tonight. The holes are not massive, but there are several. Instructions to install these call for about 12 inches depth of dirt removal (about a 6" diameter). So, not huge but big enough that if my dog was running and his leg fell into it, it could possibly break his leg.

DjScibbity said:   I can tryo to contact the original owner, but I know she moved out of State (reason for selling the house). Even if I can get hold of her, I would very much doubt she would have the original contract still in hand. Again, I will look through all of my documents at the house when I get home tonight, but I dont remember seeing any Arrow Exterminator contract.
I will take more pictures tonight if I can, but it is raining again today/tonight. The holes are not massive, but there are several. Instructions to install these call for about 12 inches depth of dirt removal (about a 6" diameter). So, not huge but big enough that if my dog was running and his leg fell into it, it could possibly break his leg.


Where those invoices sent to you under YOUR name? Just a question.

Wow, made it to Front page. I would normally be stoked, but this isnt exactly the way I was wanting to make front page...

Yes, the latter invoices were sent to my name, since they confirmed my name after I contacted them (after receipt of first letter)

Why not call the local police and see what they have to say?

Maybe you'll get lucky and talk to someone that actually gives a crap about personal property and your rights.

The only people allowed on my property are those that are invited, have a legal right to be there, or are holding a warrant.

I would really flip my shit if something like this happened to me.

The original contract is not between you and Arrow. Getting it from the original owner is silly. And everything makes 'front page' ? It's all about who comments last.

I called the police (Sheriff Department) in my county. I was transferred to the office in my jurisdiction, but had to leave a message because nobody picked up. My message stated that I wanted to file a police report regarding trespassing and stolen property. Once they call me back, I will explain the story to them and see what they have to say. I will post what they say on this thread.

DjScibbity said:   OK, so I have a letter in front of me from Arrow (one of the first ones I received that is postmarked June 6, 2013). I moved into the house July 2012.
Ok, so now we're backpeddling from "after moving in" to "nearly a full year after moving in" for you to being receiving invoices. So the previous owner paid for a waranty and years monitoring prior to selling you the house, and now that year is up and since you chose not to renew they collected their stuff. Makes alot more sense why it suddenly disappeared now.

Ignoring what may be right or wrong, what they can or cant do, or what you may or may not be able to do to them, the best thing to do would be to call the company and speak to whoever is the highest up you can get to (if franchised, call the corporate headquarters) and raise holy hell about the trespassing and damage and stealing your crap - be prepared to concede that it being their equipment was a misunderstanding with the seller, provided they return to repair the damage that was done while removing it. That's basically where you will end up no matter what approach you take anyways, assuming you dont chose to go after the previous owner, title company, etc for selling you bait stations they didnt own (which, even if successful, will cost you more in just your time than you'll ever be awarded).

If you fix things up this weekend, you might as well just drop the matter altogether because besides an appology getting the damage repaired is all you realistically have to gain.


Honestly, you just feel a little violated and an apology from them would probably work I'd guess.

Call them and let them know you're upset, and then move on. Not that big of a deal. No need to try and get in touch with previous home owner for the contract lol.

Glitch99,
Im not backpeddling. Im not sure how the date of receiving the invoice is relevent (whether it was a week after moving in or year later). I didnt know anything about the system and its existance before I received the letter and called (which was in June 2013).
If the original owner would have had this installed a month before she moved out, I still probably wouldnt have heard anything from Arrow because the annual inspection wasnt far overdue.

This still doesnt change the fact that they trespassed onto my property, took things that were on my property (actually "IN" my property), and left damage.

I dont really disagree with you though on your second paragraph. Im not sure what can be won from this all and that is why I posted this. If anything, it will spread the word that Aero Exterminators performs some shady business practices and will help other avoid using a crappy vendor. Id also just like to know if I have any kind of case in small claims. Im not trying to get rich off this incident, but I would appreciate justice for wrong doing and prevention of this happening again.

I don't know, I believe he's owed the devices - Arrow should attempt to collect damages from their customer, the previous owner.

What if previous owner dug them up before the sale and sold them to someone else? Obviously Arrow would pursue the previous owner.

As per OP it was about $800 in property that was taken from his home without merit. He purchased his home with a termite prevention system in place, and (as per OP) there was no paperwork in the sale indicating this was a temporary installation.

What if he starts getting invoices on his playset? "Arrowhead Playgrounds has sent you an invoice for continuation of your playset lease. If you don't respond we will show up while you are at work and haul it away."

"Arrowswim pools has sent you an above ground pool lease invoice."

"Arrowgutters has sent you a gutter lease invoice. Please remit payment as soon as possible."

OP's seller required disclosure that certain property improvements were not owned. OP's seller is on the hook. Anyone that has a contract with OP's seller should be pursuing OP's seller, not trespassing on OP's property.

I would sue for the cost of the termite remediation system and land repair at a minimum.

Without the contract on hand, it's difficult to sort something out like this. If you had it (you could ask a copy of that from the company too right?), it'd be easier. But if I have to take my best stab at it with only speculation and personal experience, I'd go with this:

There must be in the original contract with the old owner that state the contract is automatically transferred to the new homeowner (nothing to re-sign in other words; just a name change). In that same contract, it also must have stated that the "equipment" belongs to the company as the stations are a "rental" and the initial fee they charged was just the "installation." The "maintenance agreement" is the $350 annual fee to "maintain" the "equipment" (at whatever x times a year). Furthermore, once the contract terminates due to non payment or otherwise, they can, at their discretion, take the "equipment" back at the time they choose. And that's what they did.

Again, I find it utterly ridiculous a *licensed* company would risk some much (i.e. trespassing, destroying of property, etc) to get back an old termite system. BUT *if* they stated the above in ALL their signed contracts...now that's a different story...

HOWEVER, even if that was the case, the no need to damage someone's property. So this is where the hurt lies. If it were me, and I don't care for the system anyway AND if the damage is not significant or too time consuming to fix, I hate it say it, I'd just let it go. You can notice them and demand justice and even maybe recoup the cost of damage but what would you ask for? Your time and effort to put dirt back into the holes? The potential liability your dog could potentially break a leg stepping into the hole? The handyman/contractor cost if you were to pay someone to do it? Well, if it's worth it...

bravebiffy said:   Without the contract on hand, it's difficult to sort something out like this. If you had it (you could ask a copy of that from the company too right?), it'd be easier. But if I have to take my best stab at it with only speculation and personal experience, I'd go with this:

There must be in the original contract with the old owner that state the contract is automatically transferred to the new homeowner (nothing to re-sign in other words; just a name change). In that same contract, it also must have stated that the "equipment" belongs to the company as the stations are a "rental" and the initial fee they charged was just the "installation." The "maintenance agreement" is the $350 annual fee to "maintain" the "equipment" (at whatever x times a year). Furthermore, once the contract terminates due to non payment or otherwise, they can, at their discretion, take the "equipment" back at the time they choose. And that's what they did.

Again, I find it utterly ridiculous a *licensed* company would risk some much (i.e. trespassing, destroying of property, etc) to get back an old termite system. BUT *if* they stated the above in ALL their signed contracts...now that's a different story...

HOWEVER, even if that was the case, the no need to damage someone's property. So this is where the hurt lies. If it were me, and I don't care for the system anyway AND if the damage is not significant or too time consuming to fix, I hate it say it, I'd just let it go. You can notice them and demand justice and even maybe recoup the cost of damage but what would you ask for? Your time and effort to put dirt back into the holes? The potential liability your dog could potentially break a leg stepping into the hole? The handyman/contractor cost if you were to pay someone to do it? Well, if it's worth it...


tl;dr You lost me at "without the contract"

Didn't you read what the OP wrote? OP never signed a contract. They have no contract with him.

Why is this hard to understand. If I get a homeowner to sign a contract saying I am legally entitled to lay a deuce on the front porch every other Monday and in HUGE BOLD LETTERS write THIS CONTRACT AUTOMATICALLY TRANSFERS TO ANY NEW PROPERTY OWNER and make the original homeowner sign their name on each page and initial every paragraph and videotape them doing said signing and initialing and have them swear on the bible that they are in fact agreeing to this contract, and said homeowner says nothing about this contract to the person they sell their home to, do you think I can then go and poop on their front porch every other Monday? No? But WAIT I have this SIGNED CONTRACT saying that I can!!!

Contracts are pieces of paper that bind one person/company to another person/company. They don't bind ME to ANYTHING unless I sign ANOTHER contract stating that I agree to it. I mean, come on. Think of the abuses we'd see.

DjScibbity said:   Glitch99,
Im not backpeddling. Im not sure how the date of receiving the invoice is relevent (whether it was a week after moving in or year later). I didnt know anything about the system and its existance before I received the letter and called (which was in June 2013).

Sorry, "clarified" - as in why they were removed now, a year after you bought the house. You had initially made it seem like they'd been conacting you since last August.

This still doesnt change the fact that they trespassed onto my property, took things that were on my property (actually "IN" my property), and left damage.

I dont really disagree with you though on your second paragraph. Im not sure what can be won from this all and that is why I posted this. If anything, it will spread the word that Aero Exterminators performs some shady business practices and will help other avoid using a crappy vendor. Id also just like to know if I have any kind of case in small claims. Im not trying to get rich off this incident, but I would appreciate justice for wrong doing and prevention of this happening again.
I think the shadyness of the company is implied, and totally agree with it being a crappy service.

But as I said, getting the damage repaired is about all you stand to gain from this, unless you want to drag the previous owner into it and waste more time bickering over who owns what than the stations are worth (stations that you honestly didnt even know you had in the first place).

If you want to pick a fight based on priciples, regardless of the cost of doing so, then go right ahead - I'm not saying your position is wrong. I was just commenting on the most practical means of resolution.

Why are people stating that the original contract would determine if the equipment transferred to the new owner?

Look at the RE sale docs. If THEY state that the equipment transferred ownership, then it did. If it's not mentioned, then it didn't. THAT is the document that governs.

Youre right bravebiffy, if I was just going to get back labor that I use when repairing the damage, monetarily, it is not worth doing anything over.
However, there are a few reasons my mind says to pursue this:

1. I hate when companies try to screw people over assuming they will just do nothing about it because it is more hassle than it is worth. it is the principle of the matter to make things right.

2. If I DID want to keep the Sentricon system that was installed, it is too late now. If I would have known that they would take back the already installed system, I may have thought more about renewing the contract. It was never presented to me (anywhere to my knowledge) that if I didnt renew the annual inspection/warranty, that they would come get their equipment. Now, if I want to have Sentricon again, I would have to pay for an initial installation fee of ~$800 as well as anuual $350 inspections.

I would LOVE to read the original contract that was signed by the original owner. I have avoided calling Arrow Exterminators representing myself at the address in question just in case this goes to court (Id like to have the police file first). That being said, Im pretty sure that Arrow isnt going to provide me with a contract signed by a previous owner - especially now that they have removed the system from my property and they know that I will likely be using it against them. What do they have to gain by providing me the original contract? If I were them, I would shred that contract knowing that the original owner moved out just in case it were to come back and bite me.

Side question - can you subpena a company in small claims court to provide such an original signed contract?

StevenColorado said:   Why are people stating that the original contract would determine if the equipment transferred to the new owner?

Look at the RE sale docs. If THEY state that the equipment transferred ownership, then it did. If it's not mentioned, then it didn't. THAT is the document that governs.


Right, and if it's not mentioned and especially if it's part of the property, in a physical sense, it IS part of the sale.

My RE sale docs don't specifically say anything about my sump pump, or my garage door opener, or my chandelier. If someone were to send me a letter saying I owe them any of these things, guess what silty substance I would tell them to pound?

Nothing explicit mentioned in RE docs pertaining to termite or pest control systems of any kind

DjScibbity said:   

Side question - can you subpena a company in small claims court to provide such an original signed contract?


No.

Why don't you try to get your old piano teacher's original lawn cutting contract from 1997? That would be as relevant to this issue as Aero's original signed contract with someone else.

DjScibbity said:   These guys only come out once per year to check on the stations too.

Are you sure they didn't check and just not inform you? My termite company checks the stations every three months and just leaves a quick note but they call me in advance to schedule an interior inspection once a year.

Also, $350 doesn't seem outrageous. All of the companies in my area of Alabama charge about $300 a year.

Georgia prosecutor here...

Whether the employee committed theft depends entirely upon whether the bait stations (or whatever they are called) are owned by the company or not. If they are owned by the company, no theft. (Theft is the taking of property of another). If the bait stations are not owned by the company, then it would be considered misdemeanor Theft by Taking (assuming the value to be less than $1,500).

If the employee damaged property of the OP, then they have committed Criminal Trespass, again, assuming the amount of damage is less than $500.00.

Local law enforcement will likely take a report and leave it to the OP to seek a warrant from the Magistrate Court. In that event, Georgia requires a pre-warrant hearing and notice to the accused. However, unless the OP knows specifically who the employee is who took the bait stations/caused the damage, an arrest or prosecution is unlikely. Law enforcement will probably not investigate an offense of this nature to determine which employee committed the offense. It may be more appropriate for OP to sue the offending company for damages in Magistrate Court.

Not when the original contract (the old one with the old homeowner) states it's automatically transferred to the new owners without having a new contract drawn. As speculation only, there must be some sort of a clause in that old contract because no reputable company (at least that's what they present themselves as) would risk of lawsuits going into peoples property and ripping things out without the protection of a signed contract allowing them to do so. It doesn't make sense.

Having said so, and whatever the contract says, it doesn't give them a free pass to damage property even if they are "just getting the equipment back."

bravebiffy said:   Not when the original contract (the old one with the old homeowner) states it's automatically transferred to the new owners without having a new contract drawn. As speculation only...
No contract would say that. That would never be a valid clause. You cannot sign a contract that binds someone else.

The only value of the original contract, as I said previously, is to help determine ownership of the equipment. That will determine what crimes you can levy and what damages you can sue for.

In this case, trespassing may be a crime because there is damage to the property. But just coming onto the property is not necessarily trespassing. For it to be trespassing, you have to make an effort to restrict access. OP doesn't have a fence, so the company was not restricted from entering the property.

Thanks for the Reply galawdawg
Lets assume the system (19 in ground stations) were still the property of the company. So, theft is off the table.
In your expert opinion as a prosecuter, what are my chances imn Magistrate court to receive a verdict in my favor for trespassing and property damage?

Regarding the name of the employee, I actually do have that. In the package that was left at the door, the "Service Report" states that "19 stations were pulled due to cancellation or non-payment Thank You" Signed by the Arrow Ext employee (I will not name him in this thread). In addition, at the top of the Sentricon Service Report, the employee name performing the service is typed out. Its an official Arrow Document carbon copy.

My beef isnt necessarily with the employee, more so the company - For all the employee knew, the company (AE) obtained permission from me to go onto my property and remove the stations.

galawdawg said:   Georgia prosecutor here...

Whether the employee committed theft depends entirely upon whether the bait stations (or whatever they are called) are owned by the company or not. If they are owned by the company, no theft. (Theft is the taking of property of another). If the bait stations are not owned by the company, then it would be considered misdemeanor Theft by Taking (assuming the value to be less than $1,500).

If the employee damaged property of the OP, then they have committed Criminal Trespass, again, assuming the amount of damage is less than $500.00.

Local law enforcement will likely take a report and leave it to the OP to seek a warrant from the Magistrate Court. In that event, Georgia requires a pre-warrant hearing and notice to the accused. However, unless the OP knows specifically who the employee is who took the bait stations/caused the damage, an arrest or prosecution is unlikely. Law enforcement will probably not investigate an offense of this nature to determine which employee committed the offense. It may be more appropriate for OP to sue the offending company for damages in Magistrate Court.


Am I understanding this correctly: let's assume these devices were leased by the previous owner of the home, and 'installed' for lack of a better word, into the property. They are pseudo-permanent in that they require substantial disturbing of land to remove. Previous owner then sells the home in a typical RE sale to OP. OP takes ownership of the home and property, under the assumption that he owns everything that was sold to him. Aero can pursue damages from OP, and not the person they have a signed contract with?

Let's say they did the 'right thing' and sent OP a letter, asking his permission to retrieve these devices in his property. OP decides he doesn't want holes on his property, and he doesn't want anyone stepping foot on his property. What recourse does the company have? Can they sue OP and force him to allow them onto his property and disturb his land? What is their legal route?

Different angle, what if OP discovered these devices before any invoices arrived, dug them up himself and sold them on eBay?

StevenColorado said:   Why are people stating that the original contract would determine if the equipment transferred to the new owner?

Look at the RE sale docs. If THEY state that the equipment transferred ownership, then it did. If it's not mentioned, then it didn't. THAT is the document that governs.


I'm actually arguing the fact that the original homeowner and subsequently the OP doesn't own the equipment at all as maybe the stations were leased equipment that requires a maintenance agreement ($350) to keep it going. No $, no equipment, in other words. The way they take them out is questionable....

I am, however, bothered as well as to why this equipment was never mentioned in the real estate closing during escrow.

Any Georgia RE pros want to take a stab at this?

So, after I moved in, I began receiving invoices from Arrow Extermiantors (AE) for $350 to renew the annual contract and "Termite Warranty."

Were the invoices in your name or old owner. If yours, how did they get that information?

CowbellMaster said:   DjScibbity said:   

Side question - can you subpena a company in small claims court to provide such an original signed contract?


No.

Why don't you try to get your old piano teacher's original lawn cutting contract from 1997? That would be as relevant to this issue as Aero's original signed contract with someone else.

Well, OP's rights aren't affected, but it would help clarify ownership of the stations and determine how much the previous owner needed to be dragged into this.

StevenColorado said:   stanolshefski said:   I'd start by getting a copy of the original agreement. It's likely they owned the "equipment".

Irrelevant. I used to work for a subscription TV service. You signed up for the service, and they put equipment on your premises. When you cancelled, they sent you notices stating that it was your responsibility to return the equipment. They wouldn't be stupid enough to trespass to get it back. If the equipment wasn't returned, they charged you. Arrow is lucky that OP didn't have a vicious dog on the premises - they would have gotten their workmen injured and have a clear workmen's comp case and a lawsuit from them.

Even if the contract does state that they own the equipment, how does that affect the OP? He never signed it. Arrow is perfectly okay in holding the previous homeowner responsible for returning the equipment or having to pay for it, but not OP.

You've got an ironclad admission of guilt, OP. Report to the cops.


Think of it more like a car inside but without a door on the barn. Just because I bought the barn, doesn't mean someone else doesn't have title to what's in the barn.

Glitch99 said:   stanolshefski said:   Al3xK said:   cestmoi123 said:   Zaos said:   turtlebug said:   From what I remember, the original homeowner's termite contract transfers to the new owner without charge. Since you're in Georgia, a termite letter might have been required at the time of sale, which Arrow would have provided. I believe the original contract/service agreement states that the homeowner does not own the stations and if the homeowner cancels or fails to pay for renewal, the servicing company (in this case, Arrow) will come to remove their bait systems and send them back to Dow Chemical.

This is irrelevant unless the OP agreed to that at the time of sale. Arrow can take it up with the original owner. OP is not a party to that contract.

Trespassing and theft sounds right.


It is relevant, at least from the theft perspective. If I sell you a car, but don't tell you that I've taken out a loan against the car, and you (being unaware of the loan), don't make payments on the loan, the lienholder can repo the car. It wouldn't be stealing it, and your grievance would be with me, not the lienholder.


Your analogy makes sense, but isn't it different because of two things? :

A lien against a vehicle/property is different than a service contract.

And when you purchase a home, you get title insurance to protect you from any pre-existing liens/contracts.

Except the lien would be on the equipment, not the land or improvements.

If buried to the point of causing all this damage to remove them, why wouldnt they be considered improvements?


Without photos, I just assume OPs damage is simply the hole that used to contain the equipment.

stanolshefski said:   Glitch99 said:   stanolshefski said:   Al3xK said:   cestmoi123 said:   Zaos said:   turtlebug said:   From what I remember, the original homeowner's termite contract transfers to the new owner without charge. Since you're in Georgia, a termite letter might have been required at the time of sale, which Arrow would have provided. I believe the original contract/service agreement states that the homeowner does not own the stations and if the homeowner cancels or fails to pay for renewal, the servicing company (in this case, Arrow) will come to remove their bait systems and send them back to Dow Chemical.

This is irrelevant unless the OP agreed to that at the time of sale. Arrow can take it up with the original owner. OP is not a party to that contract.

Trespassing and theft sounds right.


It is relevant, at least from the theft perspective. If I sell you a car, but don't tell you that I've taken out a loan against the car, and you (being unaware of the loan), don't make payments on the loan, the lienholder can repo the car. It wouldn't be stealing it, and your grievance would be with me, not the lienholder.


Your analogy makes sense, but isn't it different because of two things? :

A lien against a vehicle/property is different than a service contract.

And when you purchase a home, you get title insurance to protect you from any pre-existing liens/contracts.

Except the lien would be on the equipment, not the land or improvements.

If buried to the point of causing all this damage to remove them, why wouldnt they be considered improvements?


Without photos, I just assume OPs damage is simply the hole that used to contain the equipment.

Wouldn't a fence be considered an improvement, rather than equipment? Remove the fence, and you are simply left with holes as well.

Glitch99 said:   stanolshefski said:   Glitch99 said:   stanolshefski said:   Al3xK said:   cestmoi123 said:   Zaos said:   turtlebug said:   From what I remember, the original homeowner's termite contract transfers to the new owner without charge. Since you're in Georgia, a termite letter might have been required at the time of sale, which Arrow would have provided. I believe the original contract/service agreement states that the homeowner does not own the stations and if the homeowner cancels or fails to pay for renewal, the servicing company (in this case, Arrow) will come to remove their bait systems and send them back to Dow Chemical.

This is irrelevant unless the OP agreed to that at the time of sale. Arrow can take it up with the original owner. OP is not a party to that contract.

Trespassing and theft sounds right.


It is relevant, at least from the theft perspective. If I sell you a car, but don't tell you that I've taken out a loan against the car, and you (being unaware of the loan), don't make payments on the loan, the lienholder can repo the car. It wouldn't be stealing it, and your grievance would be with me, not the lienholder.


Your analogy makes sense, but isn't it different because of two things? :

A lien against a vehicle/property is different than a service contract.

And when you purchase a home, you get title insurance to protect you from any pre-existing liens/contracts.

Except the lien would be on the equipment, not the land or improvements.

If buried to the point of causing all this damage to remove them, why wouldnt they be considered improvements?


Without photos, I just assume OPs damage is simply the hole that used to contain the equipment.

Wouldn't a fence be considered an improvement, rather than equipment? Remove the fence, and you are simply left with holes as well.


Assuming it's an improvement. If OP purchased owners title insurance, he might have a claim regarding the improvement that was removed.

I don't understand why people think it's right for anyone to trespass w/o permission regardless of the level of damage. I guess the people that advised to buy some topsoil to cover the holes are the same types of people that think the NSA snooping on your e-mail and cellphones w/o warrants are doing the right thing...



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