Abandoned Cars on my residential property

[OrioleFan443]

What is the name of your state? West Virginia

I'm a homeowner. House & property is entirely in my name. Roommate left the house in May of 2004. She left 2 cars on my property. Neither are running.

Cars are titled in her name, taxes or registration have not been paid for 2 years. She hasn't made any attempts to claim them. It's been over a year!

Have interested "buyers" for them, although value of cars are combined $1000.

How can I obtain titles, to forward to interested parties?

Or, would I be better off calling the sherriff to haul them away? Does this make me open to a civil suit by her, the original owner.

[Happy Trails]

Originally Posted by OrioleFan443

What is the name of your state? West Virginia

I'm a homeowner. House & property is entirely in my name. Roommate left the house in May of 2004. She left 2 cars on my property. Neither are running.

Cars are titled in her name, taxes or registration have not been paid for 2 years. She hasn't made any attempts to claim them. It's been over a year!

Have interested "buyers" for them, although value of cars are combined $1000.

How can I obtain titles, to forward to interested parties?

Or, would I be better off calling the sherriff to haul them away? Does this make me open to a civil suit by her, the original owner.

You have to go through the proper procedure required by the landlord/tenant law of WV. You could be opening a can of worms if you odn't.

§37-6-6. Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice.

Go to site: http://www.charlestonhousing.com/WV%20Code%20Landlord-Tenant%20Laws.pdf#search='What%20do%20I%20do%20with%20abandoned%20property%20West%20Virginia'

You could think about getting a hold of the ex-roommate and making a deal, where it could be beneficial for you both.

[OrioleFan443]

Thanks for the suggestoin about making a deal.

Its' impossible, she's long gone and I have no means of reaching her? Although I called her a roommate, she was more a live-in-girlfriend. Sorry, not sure if that is relevant but we had no signed lease. We shared expenses.

Since she left, she has been back to get all of her "in-house" property. Just the cars remain.

[Happy Trails]

Originally Posted by OrioleFan443

Thanks for the suggestoin about making a deal.

Its' impossible, she's long gone and I have no means of reaching her? Although I called her a roommate, she was more a live-in-girlfriend. Sorry, not sure if that is relevant but we had no signed lease. We shared expenses.

Since she left, she has been back to get all of her "in-house" property. Just the cars remain.

Okay, I would still go the landlord/tenant route to have the property removed.

There is a statute that is specific for this situation; however, there may be a problem.

361.04 VEHICLES PARKED ON PRIVATE PROPERTY.
No driver of a vehicle shall stop, park or leave standing unattended any vehicle on a private road or driveway or on private property without having express or implied permission from the owner, tenant or lessee of such land. The owner, tenant or lessee of such private road or driveway or private property may move, or have moved, any vehicle stopped, parked or left standing unattended on his or her private road, driveway or private property as above prohibited without any liability for the cost of moving any vehicle, nor shall he or she be liable to the owner of the vehicle for any damage done to such vehicle in moving it, unless the owner, tenant or lessee of such private road or driveway or private property was negligent in removing or authorizing the removal of the vehicle. The owner of such vehicle shall be responsible to the persons removing such vehicle for paying all removal costs. Any person who removes any vehicle under the provisions of this section shall notify the State Police of such action, and, in addition notify the Police Department.
(WVaC 17C‑14‑13)

[url]http://www.legis.state.wv.us/WVCODE/17C/masterfrmFrm.htm[/url]

Now that is why I would go the other route. She was a tenant even though you didn't have a lease.

[OrioleFan443]

I can't reach the owner of the cars. She moved out and contacting her is impossible, w/o a lawyer or Private investigator..

[I AM ALWAYS LIABLE]

My response:

The property didn't happen to have a single-wide trailer on it, would it?

IAAL

[OrioleFan443]

No, just a house.

Why do you ask? I'm very courious.

[jpritchett81]

Originally Posted by OrioleFan443

No, just a house.

Why do you ask? I'm very courious.

You don't want to know