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Folks Of Interest Does a property owner " OWN" an " abandoned " car?

Discussion in 'The Hokey Ass Message Board' started by King ford, Sep 2, 2020.

  1. King ford
    Joined: Mar 18, 2013
    Posts: 1,466

    King ford
    from 08302

    Greetings fellow HAMBers!...a buddy of mine gave me his fathers pickup truck he inherited when his father died MANY years ago. It has been sitting about 20 feet over the property line behind his mothers house and the property owner said he won't let me know when it was ok for me to go and get it ...a YEAR AGO!! Also my buddy can't find the this 1937 pickup doomed to continue its return to the earth?? ...anybody have any experience with this??
  2. BJR
    Joined: Mar 11, 2005
    Posts: 6,901


    Hook on to it and pull it over to your friends parents place. Chances are he will do nothing about it.
  3. Drag it over with a quickness and be done with it.
  4. 49ratfink
    Joined: Feb 8, 2004
    Posts: 18,060

    from California

    what obstacles are keeping you from getting it? is it on the other side of a fence?
    you are asking for advice but not telling us what the issue is.

  5. Mr48chev
    Joined: Dec 28, 2007
    Posts: 29,098


    If the title was in his dads name the executor of the estate can file for a lost title. It will take a bit of time as the dmv clerks will have to search the archives for the actual copy of the title the state has. If there is an old registration slip with the vin on it or an old insurance card/papers with the vin that is a huge plus. If the family has done business with the same insurance agent for decades they might still have it in the file.
    I'd offer to pay the fees to get it done.

    Can't help with the neighbor, being nice helps a lot on these cases. Unless he thinks he owns it because it sat there for years or has someone telling him that it is worth a lot of money because they have binge watched Pickers. The only thing that I can see that would be a real issue is damage to a lawn or the yard because of how it had to be pulled out of there.
    TheSteamDoc likes this.
  6. BamaMav
    Joined: Jun 19, 2011
    Posts: 4,869

    from Berry, AL

    Property laws differ by state. I’d suggest talking to a lawyer to find out what his and your rights would be in this situation. Here, if a fence is put up and stays 20 years, it becomes the property line, no matter if it was over on a neighbors property. I don’t know about the time limit on property sitting on someone else’s land, but I figure he could charge a storage fee for the time it has sat there, or it may be that after a certain time limit it becomes his because it would be considered abandoned. Like I said, pay the fee and see a lawyer before you do anything. They will know more than us internet lawyers ever will....
  7. lippy
    Joined: Sep 27, 2006
    Posts: 5,533

    from Ks

    Got the title? Go get it. Lippy
    LOU WELLS, hotrodjack33 and beegator like this.
  8. southcross2631
    Joined: Jan 20, 2013
    Posts: 4,414


    If you are in a non title state just get a friendly cop to run the vin to see if it is stolen . If not then get the guy to give you a bill of sale . Chances are it has been dropped from the computer system if it hasn't been registered in 20 years.
    My old Morris Minor had a valid Tn. title , but the DMV would not recognize it because it had been removed from their system even though the guy who's name it was in took it in and tried to get a new title.
    It took some creative work on my part to get a new title.
    210superair and Truckdoctor Andy like this.
  9. Possession is nine- tenths of the law is an expression meaning that ownership is easier to maintain if one has possession of something and difficult to enforce if one does not.

    If your friend was to apply for a lost title using his Grandfathers name and Vin number of the truck you will have proof of ownership, it;s still going to be a problem and my require the police to step in. HRP
    LOU WELLS and Okie Pete like this.
  10. F-ONE
    Joined: Mar 27, 2008
    Posts: 2,764

    from Alabama

    That's not your buddy's truck to give away.
    That's the neighbors truck, it's as simple as that. You can complicate it. You can get lawyers. You can post about it and get all kinds of advice about what to do up to and including Gangland style violence.

    In the end it's the property owners truck.

    No title? That's icing on the cake. The title thing is another rabbit trail altogether. Even if the title was found, it really makes no difference. It will have a dead man's name on it, so there's that.

    The only thing you can do is talk to the man. Offer to pay for any damage. If he puts you off again, if he says no.

    You are Done, forget it.
    LOU WELLS, Hutkikz, trollst and 3 others like this.
  11. doyoulikesleds
    Joined: Jul 12, 2014
    Posts: 293


    Call the local cops and ask for help getting your truck and see where it goes.
  12. Getting a 'lost' title replaced is getting increasingly difficult. Some state DOTs are purging inactive titles out of their databases, so unless you have some sort of paper proof showing ownership you have to apply for a new title like it's an abandoned vehicle.
  13. Bandit Billy
    Joined: Sep 16, 2014
    Posts: 7,660

    Bandit Billy

    If you decide to return the truck to the proper side of the fence please make sure you do so with at least 3 good camera angles and sound. Night vision is acceptable but a daylight heist makes for good telly.
    tractorguy likes this.
  14. bobkatrods
    Joined: Sep 22, 2008
    Posts: 687

    from aledo tx

    Might be better to try and talk to the property owner before you trespass on his property,might be cheaper to offer him a little cash to get it. He can claim storage fees if he has proof of how long it has been there..May want to use honey instead of vinegar if you deal with him
  15. hotrodjack33
    Joined: Aug 19, 2019
    Posts: 2,363


    Motor vehicles are a different kind of property then let's say trying to get your chainsaw or shotgun back from some one. Cars are regulated by the state and the last registrant is the legal owner...regardless of where the vehicle sits. The property owner who refuses to let you retrieve the truck could, in theory, be charged with possession of stolen motor vehicle...if you can prove you own it.
    And even if you don't have proof, I'd bullshit the guy into believing you do. I'd tell him your coming Sat to pick up your truck, I'd hand him goodwill $100 bill in case of any lawn damage...and tell him if there's any issues, you'll have the cops there and press charges for possession of stolen motor vehicle
    trollst, 5window and Elcohaulic like this.
  16. Hot Rods Ta Hell
    Joined: Apr 20, 2008
    Posts: 4,259

    Hot Rods Ta Hell

    As mentioned, see if you can come up with the vehicle # from an old registration card, etc.
    Run it to see if it's in the system. Have the family apply for a replacement title. Once you have it, go get the truck.
    You're really SOL if the neighbor applied for a title lien on an abandoned vehicle and now holds the title:eek:.

    How/why was it parked on the neighboring property? Large spread of land without fencing and clear property lines?
  17. xracer40
    Joined: Jun 20, 2010
    Posts: 308


    You really need to research your state laws on abandoned cars. I can tell you from personal experience, here in WV a property owner that has a abandoned vehicle on his land does not own the vehicle and can not sale it. There is a specific form you follow to start the process. The first step involves having a law enforcement officer verify the vin no. and provided its not stolen, he then fills out his portion of the paperwork where he assigns someone to dispose of the vehicle,usually a towing company but he can assign you the property owner to dispose of the vehicle. Then there are specific steps you take to try and locate the owner. If no one shows up to claim the vehicle within a certain number of days then you take this form along with proof that you performed the steps to locate the owner to the DMV and apply for a title in your name.
    What does all of this mean to you? Probably nothing what so ever, I am just pointing out this can get complicated and the importance of researching your state laws.
    I would say your best bet is to offer the property owner some cash for his trouble and get the truck off his property and then deal with the title issue.
    alanp561 likes this.
  18. clem
    Joined: Dec 20, 2006
    Posts: 3,360


    I didn’t understand this bit, - he said he won’t let you know and you are concerned that a year has gone by. Infinity can pass you by and he still won’t let you know.......
    Beanscoot and Blues4U like this.
  19. George
    Joined: Jan 1, 2005
    Posts: 7,414


    Pretty much simular thing in Fla. Guy died & son didn't have the Title. You have to pay a Judge money & he decides if he'll let you have it. non refundable.
  20. alanp561
    Joined: Oct 1, 2017
    Posts: 1,613


    Until the neighbor files a storage lien on the vehicle and goes through the lien period, he doesn't own the vehicle. When the lien period is done, usually 30 days in most states, the neighbor can apply for a title.
    tractorguy and hotrodjack33 like this.
  21. Get a friend to knock on their door and offer to "buy the old bomb for $100", then swap the car from your friend for a case of beer.
    beater32, Driver50x and hotrodjack33 like this.
  22. 1946caddy
    Joined: Dec 18, 2013
    Posts: 1,721

    from washington

    The neighbor does not own the truck. Unless he filed the proper paperwork and tried to notify the registered owner as to being an abandoned vehicle on his property. If you want to get technical, the owner of the truck could file a claim for the property the truck sets on in most states. Kind of like a fence on the neighbors property. If the neighbors knows it's there for something like seven years and does nothing about it.

    "Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a piece of property — usually land (real property) — acquires legal ownership based on continuous possession or occupation of the property without the permission of its legal owner."
    X-cpe and alanp561 like this.
  23. blowby
    Joined: Dec 27, 2012
    Posts: 7,536

    from Nicasio Ca

  24. Barrelnose pickup
    Joined: Aug 20, 2008
    Posts: 1,281

    Barrelnose pickup

    You get more bees with honey than vinegar.
    Driver50x, bobkatrods and alanp561 like this.
  25. adam401
    Joined: Dec 27, 2007
    Posts: 2,436


    Forget all the legal stuff. Go knock on the guys door and talk to him. Like most people hes probably busy and that truck isnt a pressing issue. Lawyers, cops, man fuck that. Two grown men talking to each other in a civil way seems alot more appropriate. Explain the situation. Assure him you wont cause any damage you wont reverse. Maybe bring him a 12 pack or a coffee.
    ERguitar, Budget36, Driver50x and 4 others like this.
  26. This situation is not a criminal case. It is a civil case and after you've bothered the police to come out they will explain it to you. Why not save them the trip?
  27. mr.chevrolet
    Joined: Jul 19, 2006
    Posts: 7,440


    quit fuckin around and go buy another truck.
  28. patterg2003
    Joined: Sep 21, 2014
    Posts: 688


    Stay calm and be methodical in approaching the truck and the land owner. Your friend may have given you a truck that is no longer his. It would be best to research the rules for the state before initiating any action. Maybe talk to someone in the state registration on tracking down an old ownership and someone that knows the rules around an abandoned vehicle. If the vehicle was handed over without any fuss there still needs to be a path to registration or documentation.

    It would be ideal to get the data plate information and see if there is a state record of ownership that will need to be done in any case. If the registration can be traced to a deceased family member then there are processes to transfer ownership by an executor. If there is no traceable paperwork then there is no proof that the truck belongs to the claimants. Family photos of the truck may have a plate in the picture that helps identify the truck. Photos would give some historic evidence that the truck belonged to the family. Photos may help to convince the property owner to release the truck back to the family. It is all dependant on how friendly the relations are between the family and the property owner.

    If it is possible to get copies of former ownership then that would settle who owns the truck. Negotiating a price with the owner to purchase the truck still leaves one looking for a way to get the registration. In Ontario there is a process available where the land owner fills out paper work on the "abandoned vehicle" to show that the vehicle has sat on the property for years without ties to anyone that allows a person to take ownership. The ideal would be if the family can show the neighbor with photos that they owned the truck and they agree to allow the truck to go home. Offer to repair any damage if the tuck is allowed to be moved. Assuming that everyone is reasonable.

    To grab and run could be theft and maybe trespassing if the property owner goes on the offensive. The property owner would just have to point at the trucks outline on the ground and w/o any paperwork a person is in trouble. The legal defence would buy a good 1937 truck. At a minimum it is not going to improve relations between the family and their neighbor. Best to leave it alone if there is no cooperation.
  29. hemihotrod66
    Joined: May 5, 2019
    Posts: 362


    I would think if the property owner checks to see if it isn't stolen he could apply for a lien title for storage...
    alanp561 and Apache Albert like this.
  30. Go knock on the neighbors door, be nice. This is not complicated.

    Sent from my iPhone using H.A.M.B.

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