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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11564
Experience:  30 years experience in property law.
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I have a small museum and a large exhibit which was loaned

Resolved Question:

Hello,
I have a small museum and a large exhibit which was loaned and has been in the museum for years has been sold to someone else. The new owner is trying to remove it, it needs to be lifted out with a crane and the way he want's to do it would mean lifting it over my own exhibits which are very rare, I do not want him to do that because if something happened the other exhibits could not be replaced if damaged . I gave him the option to lift it from the other side which would mean he didn't need to lift over my exhibits and that I would require a copy of his lifting plan and also conformation that he has insurance to carry out the job. He is now threatening that he will lift it over my exhibits on the 3rd of September without my permission and without giving me the lifting plans or conformation that he is insured to carry out the operation. How do I stand and what can I do, surly he could not do this without my permission.Many thanks
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Just to be clear, I am the owner of the museum and the site the museum is on, the exhibit on loan had no written agreement and the museum restored the exhibit to museum standard and has also maintained it for 8/9 years.
Expert:  JGM replied 1 year ago.

He can't enter your premises without your permission so removal of the exhibit would have to be in a manner agreed by you. If necessary you can get a court order to keep him off your premises. So he isn't really in a position to dictate to you how this is done.

Customer: replied 1 year ago.
Thank you for that.
Further correspondence the owner suggests " As the exhibit is now blocked in by your exhibits we are within our rights to get you to move everything so that our vehicle can gain access to remove it." and also says " I have just been trying to point out what any solicitor will tell you about access, without the expense." What is my legal standing?Many thanks
Expert:  JGM replied 1 year ago.

You have offered access. They ant entitled to take access as may put your property at risk.

Customer: replied 1 year ago.
Thank you.Can they make me move my exhibits? is it up to them to cover all costs if they want it removed?Many thanks
Expert:  JGM replied 1 year ago.

No they can't insist on this if there is another way more convenient and safe for your property. It's your museum and your property therefore what you say goes, basically.

Customer: replied 1 year ago.
Thank you for clarifying that, that's what I though but wanted to check.Many thanks
Expert:  JGM replied 1 year ago.

You're welcome. Don't forget to leave a positive rating on the system so that I'm credited by the site for my time. Thank you for using JustAnswer.

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