Does a borrowed dining room set belong to us now?

Well, since they said you could have it if they didn't get it after five years, and you've had it for seven, that does, technically, make it yours. You may want to talk to a lawyer, if you want to go through all of that. Are you saying this because you really do love it, and you really want to keep it, and you really felt it was yours, or are you just pissed off? If you don't really want it, and you're just pissed off, let them pay to have it moved and get them out of your lives for good. Sometimes being right just really isn't worth it, know what I mean? It may be that when it comes to spending whatever they would need to spend and then having it moved, trying to find somewhere to store it, etc, will make them just quietly never come for it anyway.

According to their statement, the dining set is now yours.

However, it their word against yours - they may not have any memory of that "after five years it's yours" offer. Possession is nine-tenths of the law, though, so it would be difficult for them to prove that they have any ownership over the set.

In court, you would probably eventually win, but both sides would lose out in terms of money and time wasted.

Charging them would be petty, and it's not right to meet their pettiness with your own (two wrongs don't make a right, etc). It's also pointless, but you accepted the "storage" of the set without mentioning a charge - you can't charge someone after the fact.

Calmly tell them you will happily return the set IF they can provide any documentated proof that the set was a loan to be returned at such time, and not a gift. (This places the burden of proof on them.) Tell them that if they can not or will not provide proof, they are free to take you to small claims court, but otherwise you consider the discussion closed, and will report any further calls on the matter to the police as harassment.

Unless you have something in writing you can't prove it.

BUT POSSESSION is 9 /10th of the law.

I would say that you are charging a storage fee. And the amount would be. $$$

I would go for it... then let the chips fall where they may.

If they take you to small claims court the they have the burden of proof that it was theirs in the first place.

In the mean time I would send them a bill for the storage amount.

or at least have the bill on hand if you go to court.

i NEVER WANT SOMETHING that has bad memories attached to it... though.

Nothing was put in writing so small claims court could go either way. She's being so petty by asking for it now only because of a fight that might be resolved, who knows. I would tell her to come and move it out in the next 24 hours and see how she responds. But that's me, I can be just as stubborn and b***chy back.

I think small claims would allow you to keep it as abandoned property since they did not come to get it within 5 years, but the whole thing is so petty I think you should just let them come get it and not bother with them ever again. It's silly he said/she said and you know they're going to be all "we won" about taking it back, but they're going to be stuck with it and trying to figure out what to do with it now. You can just giggle about knowing their childishness made them have to take a trip to the dump or stick it in CraigsList or something.

Don't lower yourself to their level by getting small claims court involved. Spare yourself a lot of grief and just give them the dining room set back.

Talk to a lawyer if you intend on keeping it.

I don't see it as you "stored" it, but you enjoyed it for 7 years. Personally, I would just give it to them and close off all contact with them. They're acting immature. They're definitely being stupid and just trying to use this table as leverage in their falling out with you. They're just going to make things miserable.

I think a lawyer would see it in a different light. I think after so many years it would become yours. Hence, go get legal advice it you want to keep it.

Tell them to come get it, but hey have 24 hours and you must be present when they do. They probably don't even want it.

I would just give it back to them if they wanted it that badly. Its best to have things cut and dried so things like this don't occur.