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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. dan c
    Joined: Jan 30, 2012
    Posts: 2,156

    dan c
    Member

    i suppose that's an example of "adverse possession." possible that the neighbor could file a mechanic's lien on it...
     
  2. 1971BB427
    Joined: Mar 6, 2010
    Posts: 5,884

    1971BB427
    Member
    from Oregon

    I'm lost here. If it was your buddy's dad's truck, then what's the issue? If it's sitting across the property line I'd not even contact the neighbor. Is there some reason you'd even need to go on his property? Why can't you simply hook onto it on your buddy's side and pull it all the way across?
    I don't think we're getting the whole story here. This just doesn't add up.
     
    LWEL9226, Gasser 57, chopped and 2 others like this.
  3. MARKDTN
    Joined: Feb 16, 2016
    Posts: 74

    MARKDTN

    Strange-I registered a '65 Mustang this year that had not been tagged since '88. I had a title and bill of sale. No issues. I'm in Chattanooga.
     
  4. Apache Albert
    Joined: Nov 8, 2018
    Posts: 79

    Apache Albert
    Member

    Neighbor does NOT own it. By state, the truck will be owned by the last person it was registered or titled under, ie the father. The neighbor would have to call it an abandoned vehicle and apply for it as such.. otherwise hes blowing smoke.

    Some states do bonded titles which is how I got my truck title after sitting for 14 years. You trailer the truck to the dmv where they check the vin, fill out how you got the vehicle, and let them take care if the rest. It takes some time to get it but it'll be in your name. Mine took 9 months.

    Albert

    Sent from my SM-G960U using The H.A.M.B. mobile app
     
    1946caddy likes this.
  5. 49ratfink
    Joined: Feb 8, 2004
    Posts: 17,854

    49ratfink
    Member
    from California

    I think I'll start a thread, not give enough details for any reply to be useful then not come back and chime in with my plan.
     
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  6. 49ratfink
    Joined: Feb 8, 2004
    Posts: 17,854

    49ratfink
    Member
    from California

  7. TA DAD
    Joined: Mar 2, 2014
    Posts: 254

    TA DAD
    Member
    from NC

    In NC you are supposed to file a form with the state after a vehicle has been abandoned on your property or at your business for 10 days. That starts the process of a storage/mechanics lien. Here it takes about 3 months from start to finish to receive a court order telling the DMV to issue you a title. But even then the DMV has refused to issue a title depending on the condition of the vehicle. I would try and work it out with the guy that has the truck.
     
  8. badvolvo
    Joined: Jul 25, 2011
    Posts: 469

    badvolvo
    Member

    Leave it on my property, it's gonna be mine. Go sneaking around on my property, could get you shot. Come to my front door and talk to me, you might get what you're after.
     
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  9. 2935ford
    Joined: Jan 6, 2006
    Posts: 3,411

    2935ford
    Member

    Since your buddy is not the owner (unless proof otherwise), I suggest the Police first but I imagine your buddy will have to do it with some sort of proof. It is his fathers truck. If the Police are unsure or don't want to bother with it, a lawyer is next but again it will be I imagine on your buddy to file.

    Good luck!
     
  10. 5window
    Joined: Jan 29, 2005
    Posts: 7,612

    5window
    Member

    Well, now. I think you'd better check your state laws as each state differs. And, I guess you better hope the person coming for the car doesn't have a bigger gun and faster reflexes than you. Going to jail or getting shot over an old abandoned car is maybe macho, but also just stupid.

    Now, it would appear that the OP is in New Jersey, so everybody else's state situation is meaningless. The owner of the car is entitled to the car. If the grandfather died with a will, then somebody is heir and owns the car. They just need to apply for the proper paperwork, call the sheriff and go get the car. If the property owner has applied for a title to the abandoned car (https://www.state.nj.us/mvc/vehicletopics/abandoned.htm) successfully, then he is the owner.

    Discussions without knowledge of the law or threats of unwarranted violence are just peacocks strutting around.
     
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  11. nochop
    Joined: Nov 13, 2005
    Posts: 1,731

    nochop
    Member
    from norcal

    Knock knock....I’m here to get my truck, you wanna beer while I hook it up? what could go wrong?
     
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  12. 41rodderz
    Joined: Sep 27, 2010
    Posts: 5,200

    41rodderz
    Member
    from Oregon

    Tell your buddy to get it straightened out since he “inherited it “ and go take a nap . Pay your buddy $ to cover his troubles , repair any damage to the property owner and palm him a hundred dollar bill .
     
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  13. Los_Control
    Joined: Oct 7, 2016
    Posts: 712

    Los_Control
    Member
    from TX

    My suggestion, you talk to the property owner. Ask them how much they want for the truck.
    After 20 years parked on neighbors property ... myself I would feel ownership, more then the kid who's father parked it on the neighbors property years ago to begin with, then abandoned it.

    If there is a title that can be looked up, was kinda abandoned when the vehicle was abandoned. I personally feel the kid who is trying to give or sell his fathers truck, he has no right to it.
    Talk to the property owner, I suspect he knows the law and see what he wants to sell it for?
     
  14. If you are going to sneak on the other side, latch onto and drag it back. He can claim criminal trespass property damages, grand theft auto, and prove the truck was there by reviewing satellite views back 20 years via Google Earth. Bad situation that could be nil if you just go knock on his door. If he says NO then resort to another method like getting a replacement title then taking legal possession by threatening him with grand theft auto.
     
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  15. 8flat
    Joined: Apr 2, 2006
    Posts: 1,372

    8flat
    ALLIANCE MEMBER

    I ran into this EXACT situation with my '33 5 window coupe. We have a big ranch in our family, 110yrs now, and my dad and his siblings sold a little corner of it....and right afterwards I discovered our family's old coupe was there! No title since my great grandparent's house had burned down with the paperwork. No vin plate since chevy used to put them on floorboards and they were rotted out and gone.

    Went to the landowner, he said oh this car is worth big dollars (yeah sure), so pay me. I went from super excited about this coupe, to pretty bummed.

    My great uncle, who used to drive the car when he was a kid in the '40s, called the landowner and said we'd like our car back. Out of respect, the landowner/neighbor begrudgingly sold it to me for $100. He didn't even know the car was on the land he bought from us until I found it there, half buried.

    Hopefully you can work something out with the guy.
    My coupe:
    110-1056_IMG.JPG 110-1057_IMG.JPG
     
  16. clem
    Joined: Dec 20, 2006
    Posts: 2,999

    clem
    Member

    ^^^^^ where do we find the build thread on this one ? Thanks
     
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  17. 8flat
    Joined: Apr 2, 2006
    Posts: 1,372

    8flat
    ALLIANCE MEMBER

    Well Clem that would require me actually getting started on a build haha. I basically got it sodablasted and zinc coated, gathered up the other body parts I needed, then stored it in the barn until my other project is done. This is where I got it to though: (sorry for the thread hijack, but thought it's good to share a good news story about cars on neighbor's property):
    IMG_0521.JPG After soda blasting.JPG
     
  18. Dig a tunnel underground that ends right under the truck, go get the neighbor to walk back and access the ol girl, as you're standing near it bounce up and down so it falls into the tunnel. The neighbor will be so freaked out from the "sinkhole" he'll want nothing to do with the truck, go down the tunnel and pull the truck out and have fun !
     
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  19. blowby
    Joined: Dec 27, 2012
    Posts: 6,873

    blowby
    Member
    from Nicasio Ca

    With the help of the local cops, as in the comment I quoted.
     
    egads likes this.
  20. Wow.
    Just wow.
    Can I come over and drag stuff out of your yard?

    ...it's been there a while...

    WHY BE ORDINARY ?
     
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  21. Hutkikz
    Joined: Oct 15, 2011
    Posts: 86

    Hutkikz
    Member

    Well if it's in New Jersey like it appears you are.

    Then here is the procedure: https://www.state.nj.us/mvcbiz/pdf/Abandoned/Private Property.pdf

    "This procedure is for vehicles abandoned on New Jersey private property. By law, all vehicles must be put up for public sale/auction. However if a sale cannot be completed through an auction the property owner may apply for a title in their name only."
     
  22. clunker
    Joined: Feb 23, 2011
    Posts: 1,613

    clunker
    ALLIANCE MEMBER
    from Boston MA
    1. MASSACHUSETTS HAMB

    Wow. Better be one hell of a truck. I never even put that much effort into getting laid when I was a teenager.


    Sent from my iPhone using The H.A.M.B. mobile app
     
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  23. WB69
    Joined: Dec 7, 2008
    Posts: 1,301

    WB69
    Member

    Wise
    Good
    Sound advise!
     
  24. xhotrodder
    Joined: Jul 2, 2009
    Posts: 1,596

    xhotrodder
    Member

    Two things come to my mind that need to be answered. 1. Is the truck totally on the neighbor's property ? 2. You say it is returning to the earth, so can a set of tires help it across the property, or is it dug into the ground & will require some digging out & tearing up the man's yard? You didn't state why the gentleman said he won't tell you when you can come get the truck. Did he tell you why? Does he want it, does he not want his property tore up, or is he just an old grouch who hates people bothering him? How about the person inheriting the truck, or the wife of the deceased original owner talking to the property owner for you. Maybe there is some bad blood between neighbors, that you can convince the property owner you are not a part of. All things not addressed. Shed some more light on the subject. How about some pictures to let us know if it is even worth the fight.
     
  25. dan c
    Joined: Jan 30, 2012
    Posts: 2,156

    dan c
    Member

    in missouri, EVERYBODY has a "will." if you die "intestate," a probate court will sort out your estate.
     
  26. sunbeam
    Joined: Oct 22, 2010
    Posts: 4,977

    sunbeam
    Member

    Can the property owner charge you storage?
     
  27. uncleandy 65
    Joined: Jan 14, 2013
    Posts: 3,163

    uncleandy 65
    Member

  28. TRENDZ
    Joined: Oct 16, 2018
    Posts: 201

    TRENDZ

    If the guy is a car lover, and genuinely wants the truck, leave it alone. If the guy is a jerk that wants to keep it to spite his neighbor...
    Make a fake, weathered, aged title. Go ask the neighbor if he would like to purchase the title.
    It should put enough doubt in his head about the lengths he’ll have to go through to prove it’s his, or the paperwork he’ll need to go through to get a storage/mechanic’s lien.
    Only be a jerk to a jerk.
     
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  29. King ford
    Joined: Mar 18, 2013
    Posts: 1,380

    King ford
    ALLIANCE MEMBER
    from 08302

    Sorry for the delay in getting back to this thread and a big thank you to all who replied!!! As sometimes happens life got on the way of this thread and this project...also spell check changed " will" into " won't " ...to clarify a few things my buddy's mother and father had a very small piece of property and the truck was parked on the neighborhoods property when the father died I believe. It has sat there so long 3 to 4 inch trees have grown up around it. When Toms mother started getting dementia and her property went up for sale the neighbor put up a fence between his property and Toms mothers. The only way to get it out is #1 take down the fence, turn the truck 90 degrees and drag it through the small trees about 20 feet or #2 drag it , dodging trees about 50 feet to the neighbors asphalt driveway.....Tom told me he couldn't find the title but had it years ago. I asked the neighbor about getting the truck off of his property nicely!! The neighbor said he WOULD let me know when I could get it...almost a year ago now...it's not like I need or REALLY WANT a 1937 FORD pickup but this particular truck is something I have seen and admired since I was a kid. And lastly I really HATE to see early iron return to the earth...thanks again to all who replied!!!
     
  30. King ford
    Joined: Mar 18, 2013
    Posts: 1,380

    King ford
    ALLIANCE MEMBER
    from 08302

    Greetings again from south jersey!! Thought I'd throw a little more info out there ..my buddy Tom moved out of state shortly after the sale of the property. The property owner where the truck sits has no interest in the truck but says he doesn't want his property torn up...I assured him I am a stand up guy and gave him references to check out, assured him the property would bi in as good or,better condition...I am well aware of what old tin is worth ( I own approximately 15 vintage trucks and one 1939 FORD TUDOR!!) , again I just have a little sentimental value, don't want any big hassles, don't want to be a dick but if the law was on my side maybe I could sway him a little bit...and still definitely leave his woods looking good!! MANY THANKS TO ALL WHO REPLIED!!!
     
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