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Storage of someone else's property without payment

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amo1977

Junior Member
What is the name of your state? Nebraska

So Im not sure if I have this in the right subject area. Also there is nothing on paper. Just verbal, if that.

So the nuts and bolts of my question is in 2012 my sister got divorced. Her ex brought one of her vechiles to my place (which I rent from our mother) to be stored inside, it has a "T-Top" that leaks. She supposedly had someone lined up to get it running better. Well it hasn't moved since 2012, and if I don't push the envelope it never will. I pay cash rent (no contract) to our mother with the understanding that I have use of the buildings on the place. I also have some of my brothers stuff in the building. He doesn't pay anything financially, but he does help me do stuff. She doesn't.

I need the storage room for my stuff, and she has no intensions of paying for storage or removing it from the premises. Its a 1981 Pontiac firebird and according to the research Ive done, it's maybe got $500 of value. Its a trophy in her divorce that I don't need to store, and they could use the money. After something sits for so long, its abandoned property. I'd like to sell it and just give her the money. I think she had the title. Can I go about getting the title without going through her? What are the avenues of getting legal possession without the title?

TIA
 


quincy

Senior Member
What is the name of your state? Nebraska

So Im not sure if I have this in the right subject area. Also there is nothing on paper. Just verbal, if that.

So the nuts and bolts of my question is in 2012 my sister got divorced. Her ex brought one of her vechiles to my place (which I rent from our mother) to be stored inside, it has a "T-Top" that leaks. She supposedly had someone lined up to get it running better. Well it hasn't moved since 2012, and if I don't push the envelope it never will. I pay cash rent (no contract) to our mother with the understanding that I have use of the buildings on the place. I also have some of my brothers stuff in the building. He doesn't pay anything financially, but he does help me do stuff. She doesn't.

I need the storage room for my stuff, and she has no intensions of paying for storage or removing it from the premises. Its a 1981 Pontiac firebird and according to the research Ive done, it's maybe got $500 of value. Its a trophy in her divorce that I don't need to store, and they could use the money. After something sits for so long, its abandoned property. I'd like to sell it and just give her the money. I think she had the title. Can I go about getting the title without going through her? What are the avenues of getting legal possession without the title?

TIA
Who holds title to the vehicle? Your sister, her ex, someone else? Your mother should tell the title holder (in writing) that the vehicle needs to be removed from her property or it will be considered abandoned and sold or scrapped.
 

adjusterjack

Senior Member
After something sits for so long, its abandoned property.
True.

Nebraska statute 60-1901(1)A motor vehicle is an abandoned vehicle:
(d) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
Nebraska Legislature

I'd like to sell it and just give her the money. I think she had the title. Can I go about getting the title without going through her? What are the avenues of getting legal possession without the title?
Not that easy.

First you have to send her written notice that storage permission is revoked. Then you have to get the police to haul it away. After a certain waiting period the police get title to the vehicle and sell it at auction.

Abandoned Vehicles | Nebraska Department of Motor Vehicles

Vehicles Left Unattended on Private Property | Nebraska Department of Motor Vehicles

If you don't want to go that route I suggest you talk to your sister about how that works if she doesn't remove the car or sign over the title so you can sell it for her and give her the money.
 

Bali Hai Again

Active Member
What is the name of your state? Nebraska

So Im not sure if I have this in the right subject area. Also there is nothing on paper. Just verbal, if that.

So the nuts and bolts of my question is in 2012 my sister got divorced. Her ex brought one of her vechiles to my place (which I rent from our mother) to be stored inside, it has a "T-Top" that leaks. She supposedly had someone lined up to get it running better. Well it hasn't moved since 2012, and if I don't push the envelope it never will. I pay cash rent (no contract) to our mother with the understanding that I have use of the buildings on the place. I also have some of my brothers stuff in the building. He doesn't pay anything financially, but he does help me do stuff. She doesn't.

I need the storage room for my stuff, and she has no intensions of paying for storage or removing it from the premises. Its a 1981 Pontiac firebird and according to the research Ive done, it's maybe got $500 of value. Its a trophy in her divorce that I don't need to store, and they could use the money. After something sits for so long, its abandoned property. I'd like to sell it and just give her the money. I think she had the title. Can I go about getting the title without going through her? What are the avenues of getting legal possession without the title?

TIA
It appears you may have left a zero or two off your researched value.
 

adjusterjack

Senior Member
The vehicle is being stored on mom’s property so it is mom who must tell the vehicle owner to remove the vehicle.
The way I read it - he rents the property from Mom and Mom doesn't live there. That would make it his decision, I think.

It appears you may have left a zero or two off your researched value.
I'd say so, unless it's in such bad shape that it's good just for parts. Even then, likely more than $500.
 

quincy

Senior Member
I believe the property owner (mom) is the one who decides if a vehicle can be stored on the premises, not the tenant (amo1977) and, therefore, it would be property owner mom who must tell the vehicle owner (daughter/sister) to remove the vehicle.

It is also important to determine the true value of the vehicle because different abandoned property rules apply for abandoned items with values over $2000. I agree with Bali Hai that a 1981 Pontiac Firebird with T-Top is probably worth far more than amo1977’s very low $500 estimate.

At any rate, sister (or vehicle title holder) needs to be given written notice that permission to store the vehicle has been revoked and must be given the chance to retrieve the vehicle (or purchase it back at auction). amo1977 cannot just sell it.
 

not2cleverRed

Obvious Observer
The way I read it - he rents the property from Mom and Mom doesn't live there. That would make it his decision, I think.

I'd say so, unless it's in such bad shape that it's good just for parts. Even then, likely more than $500.
OP also doesn't have a written lease.

For all we know, Mom might have authorized her other children to use part(s) of the house as storage. Mom might think that part of her handshake agreement with OP is that Sis gets to store the car.

OP needs to get Mom on board and send the letter. Otherwise, if OP tries getting rid of the car independently, I can easily see a situation where Sis sues OP for the value of the car, claiming that she had permission of the owner to keep the car there.
 

quincy

Senior Member
I doubt Sis or Mom has a clue what OP is up to. And I doubt OP is stupid enough to illegally sell someone else’s car.
For $500, I think you’re probably right. For the $20,000 to $40,000 that a classic Firebird potentially can sell for, I don’t think it is beyond the realm of possibilities. :)
 

amo1977

Junior Member
Well I have been following but don't have my password saved on my phone. So logged in with the lap top tonight, and will answer some questions.

So the "agreement" was it was that I/we (yes very vague but our parents and or myself) would store it till a mechanic could find the time to get it running reliable enough that it was drivable. I know this is a forum of lawyers and legal experts and details are key, but some stuff is ultra miniscule too. The mechanic that was supposed to do it never will for a plethora of reasons. She doesn't have the funds to hire anyone else to mess with it and at the rate of their (her and her spouse) income vs expenses they never will. They're making payments to the mechanic on the 2 vehicles they use daily, let alone a "project". They also really have no place to store it and she'd bank on my dead father (she's rather religious) spiritually making me store it for eternity. I have visited about this multiple times over the last 10 years and my sisters comment is that all I need to do is re-arrange and there would be all kinds of room. My response to that was, if she want's it stored she can come down and help me move stuff around. Im single and its hard to tow a car around in a building that doesn't run by myself. He has also said that after my mothers passing they plan to travel around (retired) and live out of a camper. So it's been discusses and she's aware of me wanting her to do something with it. If I don't push the issue, Ill wind up storing it till Im dead. Im all for helping family, but my father had alzheimers and my mom is elderly and she felt no obligation to help. She thinks she's entitled because of family, but there comes a point that she needs to crap or get off the pot.

As to value........a friend of mine knows a person who was trying to sell a car "similar" to this car. What exactly it was I don't remember anymore to swear by it, but I had the impression that it was a pontiac firebird. Similar age and body/mechanical condition and said he was trying to get $500 and couldn't get a bite. I would have to agree, there should be that many dollars worth of parts. That was also 5-10 years ago and we all know everything has gone up in value. How hard he was trying to sell, IDK. I had the impression that it was on say craigslist or something, but I honestly don't know. That's what my friend told me when he asked his friend who was trying to sell his said, and the person who told me that would be as honest as anyone. His friend, IDK. The other night I was at the bar and a friend of mine who restores and flips older cars (had a 50s chevy at one time) looked at the pics and he said $3-4000. Body is good and everything. Ya, until my friend mentioned $500 a few years back, I would have assumed it had more value than that as well. If it was a $40K car, Id maybe have a little bit more heart in the matter. Was it "appraised".....no, but I trust my friends judgement and expertise. Im not trying to get rich or be a dick to my sister. She won't do anything until I push the envelope. I got $100K worth of equipment that sits outside, and I feel she's burned up any family "entitlement" perks quite a while ago.

As far as the discussion part goes........ I mentioned above that I had talked to her current husband about it, and he commented back that I just needed to rearrange stuff. That conversation was several years ago. So that basically confirms that she knows that I want it gone. Its all hear say and with the current family environment, he'd possibly deny saying such a thing. As far as mom goes, I live there and its an agricultural operation. I have use of the cattle buildings, garage, shop, etc. Once again its all verbal. Due to moms age, had been trying to keep her out of it. It did come up in conversation the other day and Mom said have you talked to her about it? I replied the same conversation to Mother about organizing the shop. She then said talk to her, and give her a deadline. If it fails pull it outside under a tree. I got enough crap outside, I said I'd rather it was gone and they could use the money. She said "well that'd make them mad". I said well ya, but I gotta do something. Thats all the further it went.

I appreciate the advice. I was hoping to not have to stir the drama pot to much, but it is what it is. Thanks.

I honestly have no clue if she has the title or not. It wasn't a pleasant divorce. Is there such a thing? I'm pretty sure her ex-husband didn't have his name on the title, and I'm pretty sure that she'd never have signed papers or most likely left the house without it.

*Nebraska statute 60-1901(1)A motor vehicle is an abandoned vehicle:
(d) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;..........Permission of the owner is terminated, I assume adjusterjack, in your reply that the "owner" terminating permission is the real estate owner? I know, dumb question, but it is a legal discussion.

Yes, Im doing my leg work on here to see what my options are. I was hoping that if I had the argument of it being abandoned I could use that to pressure her to get it gone. If not, I'd take the legal recourse to obtain the title being abandoned if there was such option, and sell it less expense and give her the surplus. It's been discussed, and she's procrastinating because she doesn't have the funds to rent storage, fix it, or want to sell it. Yet I need the storage, pay cash rent via a verbal agreement, and did a lot of stuff to help my parents over the last 15+ years. If she has a plan to do something with it, great. That's what I told her husband several years ago. I also told him I didn't need to store it till it was a pile of rust.
 

Bali Hai Again

Active Member
I would start by getting a few appraisals from classic car dealers and not some half drunk person in a bar looking at pictures. You might then have something your sister may be interested in discussing.
 
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