Legal Question in Real Estate Law in New York

Re: Abandoned automobile

Since the car was left on your property and you are in essence, "watching" the car, a bailment issue arises.

The law.com dictionary defines bailment as "the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property."

If there was an agreement between you and the owner of the car that you would provide parking for money, you entered into a "contractual bailment." Under the NY Uniform Commercial Code, specific procedural steps must be taken before the car is sold at an auction and money is used for payment under the terms and conditions of the contract.

A "gratuitous bailment" exists if there was never an agreement between you and the owner of the car. If that is the case, call the police to have the car removed.

Mike.

Re: Abandoned automobile

You are not responsible for an unauthorized vehicle being left on your property. The easiest way to get rid of it is to have it towed by an authorized and licensed towing company, which can then check out the ownership and proceed from there to foreclose a lien and sell the vehicle. You also can establish a lien and foreclose it pursuant to NY Lien Law 201, but the procedure is complex and best left to an attorney.