What the heck do we do? I have seen articles and forums about how sellers can take personal items such as ornamental mirrors, curtain rods, etc but to actually rip pavers up from the ground crosses the line in my opinion.

The sellers were a nightmare to deal with and I am ready to pursue legal channels if there is a precedent.

It is hard to believe that this was done for any reason but spite....

Have you talked to your real estate agent about this yet? You (or she/he) may very well need to consult a real estate lawyer about this.

Here is more information about 'fixtures'. Hope it helps.

How to Determine if Personal Property is a Fixture

Every state has its own guidelines for what constitutes a fixture, but here are the five tests California courts use to determine what is a fixture and what is not. Not every test needs to be met.

It's called M-A-R-I-A.

Method of attachment. Is the item permanently affixed to the wall, ceiling or flooring by using nails, glue, cement, pipes, or screws? Even if you can easily remove it, the method used to attach it might make it a fixture. For example, ceiling lights, although attached by wires, can be removed, but the lights are a fixture.

Adaptability. If the item becomes an integral part of the home, it cannot be removed. For example, a floating laminate floor is a fixture, even though it is snapped together. One could argue that a built-in Sub Zero refrigerator is considered a fixture, although it can be unplugged, because it fits inside a specified space.

Relationship of the parties. If the dispute is between tenant and landlord, the tenant is likely to win. If the dispute is between buyer and seller, the buyer is likely to prevail.

Intention of party when the item was attached. When the installation took place, if the intent was to make the item a permanent attachment, for example, a built-in bookcase, the item is a fixture.

Agreement between the parties. Read your purchase contract. Most contain a clause that expressly defines items included in the sale and ordinarily state "All existing fixtures and fittings that are attached to the property."

A link that migh be useful:

homebuying.about.com/od/marketfactstrends/f/082108_Fixture.htm

tishtoshnm- I would venture to say that if I end up having to use an attorney to resolve this matter in a court of law I will not be footing the bill for legal fees. Stress of a legal claim does not deter me. For me this is a matter of right and wrong not convenience.

I once had sellers remove the kitchen stove;
they said the buyer got a good deal & didn't deserve to keep the stove, too.

I begged them to read the "description of property" section of the contract, & they did bring the stove back.

I wish you the best.

& thanks for the story.
One of the things I like about real estate is that it isn't boring;
just when you think you've heard it all...

I understand that there are times to choose your battles but this is not a little area. I'm talking about a long, curved sidewalk. The cost of the pavers is not the huge issue. The fact that the crushed stone and sand that the pavers were installed on is now gone, washed away and just a path of mud.

The pavers were taken after we closed on the house. The seller had 3 days to vacate from time of closing and because we moved from out of town we were unable to monitor anything.

You do get a prize for one of the all-time best attention-snagging titles for a thread. I laughed out loud!

Hope it gets resolved soon. You'll be able to dine out on this real estate saga forever.

L.

Liriodendron I don't think OP said they shoveled the sand and gravel, but rather with rain that it has washed away.

I'm sorry this happened.

Do you have listing pictures of the house with the sidewalk?

There's a right way and a wrong way to keep items you want when you sell.
I took a couple of (smaller, lol) rare trees, too, but they were all clearly tagged as not conveying.

You had ALL the leverage before signing, now you have very little.

Did you fail to do a pre-closing inspection?

Did the remove the pavers between the inspection and closing?

This does sound like a police matter.

We did a pre-closing inspection 45 mins before we closed and everything was intact. Trust me we would have spotted a missing sidewalk. They were taken up during the 3 days she had to vacate.

Just got 1 of 3 estimates- $2400 to repair and replace. ouch!!!

I'd laugh.

Especially if they find out it is a felony theft now.

However, just returning them doesn't get them installed properly to where you will be unlikely to have issues with them in the future.

Can't wait to hear the conclusion to this crazy story; keep us updated.