Legal Question in Real Estate Law in Minnesota

Who owns items left on property after sale

I purchased a home in March. When I took possession, there was a camper trailer left on the property by the previous owner. No mention was made in the agreement about the camper, and no mention was made that they wanted to pick it up. I assumed since it was left that it was abandoned and became part of the property. I got a letter a month and a half later stating that they were coming by to pick up their trailer. I told them no, that we needed to discuss it first, because I thought it was mine. Who rightfully owns the trailer?


Asked on 7/26/02, 8:37 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Who owns items left on property after sale

For starters, a camper is a vehicle that has a title which is registered with the state. The owner is whoever is on the certificate of title. I doubt very much that you could talk anyone at the motor vehicle registration office into transfering the title to you based on the story you have told so far.

I have handled sheriff's sales for auto repair shops in situations where vehicles have been left for long periods of time with the repair bill unpaid. After storage costs and repairs costs equal the value of the vehicle, there is a process for scheduling a public sale and getting title to the vehicles by meanes of a sheriff's certificate of sale.

You do in my opinion have a right to charge a reasonable storage fee for the vehicle - and not release the vehicle until it is paid.

I also invite you to look carefully at all the language about personal property contained in your closing papers. Often you will have been given a bill of sale for the personal property which after listing specific items says something like "together will all other personal property located on the premises." If you have something like that, maybe you do have something you could bring to the motor vehicle registration people. You could at least try it.

As far as abandonment theory goes, I don't think six weeks is long enough. A camper is a pretty big item - it's out there in plain view, apparent upon inspection of the premises - and you probably had some duty to inquire about it either at the time of the closing or shortly thereafter.

Interesting question. Good luck. I expect the best you could do is charge some storage. Check with some local camper places and see what they charge to store a similar item. There's lots of them in the business of storing these things over the winter.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult with the attorney of your choice concerning the details of your case.

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Answered on 7/28/02, 4:48 pm


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