Legal Question in Real Estate Law in New Jersey

Items left in garage by previous owner with verbal agreement, now what?

1.5 years ago I bought a house with an outbuilding. In the outbuilding was the previous owner's antique car. The brakes do not work and there are spare parts also (extra engine, spare doors) The car is rare so whenever he found parts he'd pick them up.

At first I let him keep the car there- it was wintertime and I knew that he didn't have a place to store it, so I had no problem with him storing it there until the spring. Last spring he didn't get the car.

I've spoken to him only twice in the past 1.5 years and he said he was going to get the car out of there. He made these same claim the last time I spoke with him (in Nov'05).

I need the space. I have his cell phone number but not his address. I don't see why I should have to call him to get his car again and all of these parts. If he loved the car and wanted to restore it, he would have been working on it by now!

What can I do with this car legally? I don't have the title, but it's been on my property for 1.5 years. Is it considered abandoned?

I may borrow my neighbor's truck and have it towed to a local storage facility. I am willing to pay for 1 mo of storage, & call him to tell him where the car is, but not sure what to do with the parts. Advice?? Thanks!


Asked on 4/10/06, 11:50 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Items left in garage by previous owner with verbal agreement, now what?

It is better if you make these proposals in writing, mailed by certified mail, return receipt requested, so you have verification of what you informed him and the position you are taking. In essence, you are advising him that you deem the property abandoned, that you are affording him the opportunity to remove it, or else you will sell it or move it into storage at his expense. You will have difficulty taking any action and not having responsibility unless you do this in writing. Since you do not have the title, a sale is difficult. Try reverse lookup on the Internet to see if there is an address associated with his cell phone. Alternatively, try calling his cell phone issuer and see if they will give you an address. Didn't you get a forwarding address in the Affidavit of Title when you purchased the house? Maybe his lawyer who handled the closing has an address for him? I recommend not doing anything unless you give him written notice first. Last possibiliy, if you know what County he moved to, try putting a public notice in a newspaper in his area. This response is not intended to create an attorney-client relationship, but is merely intended to provide a response of general information to a question posted on the Internet.

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Answered on 4/10/06, 6:54 pm


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