Legal Question in Real Estate Law in California
Personal Property
A friend of my husbands parked a huge trailer with a race car inside it. It was only supposed to be for 2 weeks. It has been a year and my husband has made several attempts to reach these people. He did talk to one of them and he said he doesn't want it anymore. What are my legal rights regarding this property I would like for them to come get it, we have no way of getting a hold of the other person. What can we do. If they dont pick it up do we have the right to sell it to get it off our property?
1 Answer from Attorneys
Re: Personal Property
This is one of those questions where there is no right answer. The area of law that applies seems to be at least primarily the law of bailments. Your husband accepted the property, so he (and you too, I guess) is/are voluntary bailees, and you owe a certain duty of care with respect to the property, although it is not great.
Other law that might be applicable is the vehicle code and the law of trespass. The vehicle code because it deals with parking privileges and the duties of the owners of vehicles including trailers and the race car inside it; the law of trespass because if the trailer stays on your property longer than you invited it to be there, it may become a trespass.
So, what to do? Honestly, I don't know. I really don't think you have a right to sell it -- it doesn't belong to you! There may be sufficient grounds under the vehicle code to have the police involved (and get it towed). That's probably where I'd start.
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