Can i take ownership of an abandoned vehicle

Authority: Vehicle Code Section Any peace officer or vehicle abatement officer, as defined in PGMC 9. When the city has contracted with or granted a franchise to any person or persons pursuant to subdivision a of Vehicle Code Section , such person or persons may remove a vehicle or parts thereof from a highway or may enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof, after a determination and authorization by a peace officer or vehicle abatement officer that the vehicle is abandoned.

When the city has contracted with or granted a franchise to person or persons for the abatement of abandoned vehicles, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts declared to be a nuisance pursuant to this chapter.

Authority: Vehicle Code Sections , Any peace officer may remove a vehicle located within the territorial limits in which the officer or vehicle abatement officer may act, when any vehicle is abandoned, parked, or left standing upon a highway for 72 or more consecutive hours. Authority: Vehicle Code Section k. Motor vehicles which are abandoned, parked, resting or otherwise immobilized on any highway or public right-of-way and which lack an engine, or transmission, or wheels, or tires, or doors, or windshield, or any other part or equipment necessary to operate safely on the highways of this state are a public nuisance and may be removed immediately upon discovery by a peace officer or employee.

The council shall, from time to time, determine and fix an amount to be assessed as vehicle abatement costs, for removal of any vehicle or parts thereof under this chapter. Such costs shall include administrative, hearing, and appeal costs, the salary and overhead of a vehicle abatement officer, vehicle mileage, postage, any necessary photographs, and towing charges.

These costs are independent of those costs which might be assessed pursuant to Section c of the California Vehicle Code. If the administrative costs and the cost of removal which are charged against a parcel of land pursuant to PGMC 9. The assessment shall have the same priority as other taxes. In the event that the vehicle was abandoned on a highway, or when the owner of the involved parcel of land is successful in his or her appeal challenging the abatement cost, the last registered owner of record is responsible for the abandonment of the vehicle and is thereby liable for the cost of removal and disposition of the vehicle.

Any appeal challenging the abatement cost assessed in PGMC 9. Pop the hood and take a look. The VIN can be found on the front of the car frame, close to where the windshield washer fluid is located. The fine folks there will use the VIN to try and track down the owner. The local sheriff in the county where the abandoned car was located will also be alerted and notices will be published about the abandoned vehicle in the same area for a few weeks.

The notices will include a full description of the abandoned car, as well as any fees the owner is required to pay. If the authorities opt to not auction the car off, some states will allow you to attempt to buy it from the owner.

MORE : What is classic car coverage? This could mean filing preliminary paperwork describing the vehicle and where you found it. A notification of sale may be required for the transaction. There may be fees associated with the paperwork, so remember to ask. The original owner may have lost the title, but they can apply for a duplicate at the DMV.

Keep in mind, there may be a fee for this service. If the owner refuses to sign over the title to you, and only if the vehicle was found on your property, you can seek control of the title through a claim in small claims court.

In such a case, an owner often but not always will refuse to transfer title in an attempt to squeeze more money out of you for the vehicle. Inquire with a lawyer about obtaining a quiet title. If deemed feasible by your lawyer, this court action will allow you to obtain judgment, and would lawfully award the formerly abandoned car to you. Rules are different in each state, but all states have their own process that must be followed in regards to finding and claiming abandoned vehicles.

Be sure to check with your state DMV before taking any action. Not immediately. You need to legally claim ownership of the vehicle first, which is a complicated process. Any motorized vehicle left on private property for an extended period may legally classify as abandoned.

Details will vary by location, municipality, state, and the codes and statutes of your area but any motorized vehicle left on your property for 48 to 72 hours or more is usually considered abandoned. With the consent of the private property owner a car may stay as long as the owner consents, however, without oral or written consent, it becomes up to the owner of the space to remove it. The easiest thing to do is also the kindest: take a moment to ask your neighbors if they know who owns the vehicle you wish to remove.

Perhaps someone left it there by mistake or because they broke down. Often, this will solve the problem. You can also post on social media groups local to your area hoping someone has answers. If legwork reveals nothing, your next step is taking note of the make, model, color, license plate, and any other striking markers on the car.

A family friend of mine owns a historic one-room schoolhouse in a small town. One day a drunk driver abandoned his car on the property, and it later caught fire, burning both the car and the schoolhouse to the ground. There are many ways to deal with an abandoned car. The right answer usually depends on where it was abandoned. If you suspect a vehicle has been abandoned on public property, be reasonably sure of this before notifying your local authorities.

If someone abandons a vehicle on your property, contact the local authorities before interacting with the vehicle. In some states it is illegal to move the vehicle until a certain amount of time has passed. Some states allow you to sell the car after a certain time has passed, something which is illegal in other states. Check your local resources using the links above. There are 3 common circumstances where you could come to own an abandoned vehicle:.

You inherit a property with a vehicle on it. You buy a property with a car on it. Someone abandons a car on your property. The process for obtaining legal ownership of an abandoned vehicle that was left on your property is different in every state.

Do not assume this is possible in your state. Ask local authorities to identify the last registered owner. File the appropriate paperwork to get ownership with the state. Additional paperwork is usually required either way. Some states do not allow any of this and will require the vehicle to be taken into government possession.

The property looks to have been abandoned for years. How do you go about buying that car? You may have heard rumors that you can simply go to court and obtain ownership of any abandoned car you find. However, that can only happen in very rare and specific circumstances. Little did they know that car was very much not abandoned, and the rightful owner later reported the theft. You could start by asking the neighbors about the abandoned car. Chances are they will either own it or know the person who does.

If that goes nowhere, try to access public records to determine who the property owner is, then cross-reference that information to a local phone directory or send mail to that address. Your state might allow you to learn the existing owner by running a VIN Check. In that case you could legally obtain the VIN from the car and go from there. Do not assume that using VIN information to find someone is legal in your state.

Things get complicated if the last registered owner of an abandoned vehicle has died or is otherwise out of the picture. In that case, you could file for a declaratory judgement in your local court. This will give you the opportunity to present the facts of the abandonment to a judge and argue for legal ownership of the vehicle.

This is not likely to work if the vehicle is on land you do not own, but if the land is known to the local government or is causing a blight a conversation could begin.

A declaratory judgement is very much a last resort. You need an ironclad reason to bring a case before a judge. A declaratory judgement may proceed in your favor if no rightful owner can be located, if the property is owned by a government entity or a defunct business, or if the vehicle or property is a high-profile blight or eyesore in the community. Depending on the state and circumstance, it may be possible to title an abandoned vehicle in your name. Dirt Legal specializes in recovering lost titles.

If you encounter a case where you need a title for a vehicle you legally possess, such as through inheritance, real estate sales, or illegal abandonment on your property, click the button below to see if our Title Recovery Services are a good fit for you.

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