Legal Question in Real Estate Law in New York
How can my mother claim ownership?
In 1990 my mother who lives in the country had my sister's boyfriend at the time bring over a truck full of wood. The boyfriend borrowed his father's truck and then left the truck on the front lawn where it still sits today. During the past several years the son took the tires off the truck and kept telling my mother he was going to come and get it but he never did. She has tried to talk to the registered owner but he is 80 years old and seems not to care to much. She hasn't heard from the son or owner in over two years and wants this truck off of her lawn. She has the registration for the truck which expired in 1990 and the address of the owner. How can she claim possession of the vehicle so she can sell it or call the junkyard to come and pick it up.Thank you.
1 Answer from Attorneys
abandoned truck
The status of the truck is, presumably, "abandoned property" - however, one would want to ascertain whether (by any stretch of the imagination) the truck had some "intrinsic" value above & beyond *junk* -- that is, could it be an antique or 'classic' of some sort? One wouldn't want to rely on the junkyard's estimation on this point, but once satisfied that it is naught but junk, you could hope that the junkyard would be willing to haul it away for the scrap value at no charge. Prior to doing such, written notice ought to be sent to the registered owner & the boyfriend _via_ certified mail, return receipt. It is not beyond the realm of possibility that the junkyard won't accept the truck without the title documents, in which case you will be back at GO, as it were. If the registered owner has property [that is, a piece of ground] one might have the truck hauled there & then seek to recoup the cost of that project.
In any event, given the issues of 'potential value' and 'title', one would be advised to proceed with care - but, I gather, no one's been inclined to rush into rash action to date.
Regards, etc.,
jmhayes
-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-
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