selling property

[Ooboo]

Hi,
My husband left home over 2 and a half years ago. We are not divorced nor do we have a "legal" separation. I have a tractor here that we brought here before he left because he wanted it. Now it sits out in the yard, uncovered, unsheltered, he has made no attempt to either come and get it or take care of it and he does live within 30 miles. We have no contact with each other. Our state of residence is North Carolina. I need to know a couple of things.

1. If I sell this tractor can he charge me with theft ?

2. If I sell the tractor do I have to send him half of the money I get for it ?

When he left I had to refinance my home soon after to stay afloat, he signed a "quit claim deed", I think it's called, taking his name off of my property so the tractor is on my property and he does not take care of it.
Thank you for any help to answer these questions. Merry Christmas to all Oobie

 

[HomeGuru]

Who has title to the tractor?

 

[Ooboo]

tractor

There is no title to this tractor. It's a 1941 John Deere, no title with it. Thanks, Oobie

 

[HomeGuru]

Then the dear John is yours dear.

 

[I AM ALWAYS LIABLE]

My response:

Damn, it's also a museum piece !!

Don't just sell it on the open market. Find COLLECTORS of such equipment and maximize your profits !! Look on the Internet for collectors of farm equipment.

You probably have a gold mine in that equipment.

IAAL

 

[HomeGuru]

My response:

Damn, it's also a museum piece !!

Don't just sell it on the open market. Find COLLECTORS of such equipment and maximize your profits !! Look on the Internet for collectors of farm equipment.

You probably have a gold mine in that equipment.

IAAL

Don't get too excited IAAL, it has Firestone tires.

 

[I AM ALWAYS LIABLE]

My response:

Oh. I didn't realize that.

Nevermind.

IAAL

 

[Ooboo]

Thank you both for your help

Hi,
Thank you both for your help. It makes my Christmas merrier knowing I have something to fall back on, plus I sold a kitten today so I'm in a really merry mood : )
I really put off asking or selling because I just considered it his tractor, but if don't take care of something at all and neglect it for over two years then I really don't think you deserve it after all.
Firestone tires , I'm just glad it's not in Palm Beach County Florida where it'd take another 2 years to decide whether or not it's a tractor : ) Thanks again and ya'll have a very merry Christmas.
No, I won't rush into selling it, I'll check around to see what the value is first. Wow, I don't even have to give him half ? No, I'm not greedy, I didn't even try to ask for any of the stock or 401K he has, even though while I was struggling to make my house payment he was socking away his money in his 401K. Live and learn, and I've learned I'd rather be happy on my own than miserable with anyone else. Merry Christmas from Oobie ( my Scottish Fold and Sue

 

[I AM ALWAYS LIABLE]

My further response:

Please read this North Carolina law VERY CAREFULLY and follow what it says. This way, you can get title to the tractor and legally sell it.

IAAL

---------------------------


PART 9A. Abandoned and Derelict Motor Vehicles.


§20-137.6. Declaration of purpose.
Abandoned and derelict motor vehicles constitute a hazard
to the health and welfare of the people of the State in that such
vehicles can harbor noxious diseases, furnish shelter and
breeding places for vermin, and present physical dangers to the
safety and well- being of children and other citizens. It is
therefore in the public interest that the present accumulation of
abandoned and derelict motor vehicles be eliminated and that the
future abandonment of such vehicles be prevented. (1973, c. 720,
s. 1.)

§20-137.7. Definitions of words and phrases.
The following words and phrases when used in this Part
shall for the purpose of this Part have the meaning respectively
prescribed to them in this Part, except in those instances where
the context clearly indicates a different meaning:
(1) "Abandoned vehicle" means a motor vehicle that has
remained illegally on private or public property for a period of
more than 10 days without the consent of the owner or person in
control of the property.
(2) "Demolisher" means any person, firm or corporation
whose business is to convert a motor vehicle into processed scrap
or scrap metal or otherwise to wreck, or dismantle, such a
vehicle.
(3) "Department" means the North Carolina Department of
Transportation.
(4) "Derelict vehicle" means a motor vehicle:
a. Whose certificate of registration has expired and the
registered and legal owner no longer resides at the address
listed on the last certificate of registration on record with the
North Carolina Department of Transportation; or
b. Whose major parts have been removed so as to render the
vehicle inoperable and incapable of passing inspection as
required under existing standards; or
c. Whose manufacturer's serial plates, vehicle
identification numbers, license number plates and any other means
of identification have been removed so as to nullify efforts to
locate or identify the registered and legal owner; or
d. Whose registered and legal owner of record disclaims
ownership or releases his rights thereto; or
e. Which is more than 12 years old and does not bear a
current license as required by the Department.
(5) "Officer" means any law-enforcement officer of the
State, of any county or of any municipality including county
sanitation officers.
(6) "Salvage yard" means a business or a person who
possesses five or more derelict vehicles, regularly engages in
buying and selling used vehicle parts.
(7) "Secretary" means the Secretary of the North Carolina
Department of Transportation.
(8) "Tag" means any type of notice affixed to an abandoned
or derelict motor vehicle advising the owner or the person in
possession that the same has been declared an abandoned or
derelict vehicle and will be treated as such, which tag shall be
of sufficient size as to be easily discernible and contain such
information as the Secretary deems necessary to enforce this
Part.
(9) "Vehicle" means every device in, upon, or by which any
person or property is or may be transported or drawn upon a
highway by mechanical means.
(10) "Vehicle recycling" means the process whereby
discarded vehicles (abandoned, derelict or wrecked) are collected
and then processed by shredding, bailing or shearing to produce
processed scrap iron and steel which is then remelted by steel
mills and foundries to make raw materials which are subsequently
used to manufacture new metal-based products for the consumer.
(1973, c. 720, s. 1.)

§20-137.8. Secretary may adopt rules and regulations.
The Secretary is hereby vested with the power and is
charged with the duties of administering the provisions of this
Part and is authorized to adopt such rules and regulations as may
be necessary to carry out the provisions thereof. (1973, c. 720,
s. 1.)

§20-137.9. Removal from private property.
Any abandoned or any derelict vehicle in this State shall
be subject to be removed from public or private property provided
not objected to by the owner of the private property after
notice as hereinafter provided and disposed of in accordance with
the provisions of this Part, provided, that all abandoned motor
vehicles left on any right-of-way of any road or highway in this
State may be removed in accordance with G.S. 20-161. (1973, c.
720, s. 1.)

§20-137.10. Abandoned and derelict vehicles to be tagged;
determination of value.
(a) When any vehicle is derelict or abandoned in this
State, the Secretary shall cause a tag to be placed on the
vehicle which shall be notice to the owner, the person in
possession of the vehicle, or any lienholder that the same is
considered to have been derelict or abandoned and is subject to
forfeiture to the State.
(b) Repealed by Session Laws 1975, c. 438, s. 3.
(c) The tag shall serve as the only notice that if the
vehicle is not removed within five days from the date reflected
on the tag, it will be removed to a designated place to be sold.
After the vehicle is removed, the Secretary shall give notice in
writing to the person in whose name the vehicle was last
registered at the last address reflected in the Department's
records and to any lienholder of record that the vehicle is
being held, designating the place where the vehicle is being held
and that if it is not redeemed within 10 days from the date of
the notice by paying all costs of removal and storage the same
shall be sold for recycling purposes. The proceeds of the sale
shall be deposited in the highway fund established for the
purpose of administering the provisions of this Part.
(d) If the value of the vehicle is determined to be more
than one hundred dollars ($100.00), and if the identity of the
last registered owner cannot be determined or if the
registration contains no address for the owner, or if it is
impossible to determine with reasonable certainty the
identification and addresses of any lienholders, notice by one
publication in a newspaper of general circulation in the area
where the vehicle was located shall be sufficient to meet all
requirements of notice pursuant to this Part. The notice of
publication may contain multiple listings of vehicles. Five days
after date of publication the advertised vehicles may be sold.
The proceeds of such sale shall be deposited in the highway fund
established for the purpose of administering the provisions of
this Part.
(d1) If the value of the vehicle is determined to be less
than one hundred dollars ($100.00), and if the identity of the
last registered owner cannot be determined or if the
registration contains no address for the owner, or if it is
impossible to determine with reasonable certainty the
identification and addresses of any lienholders, no notice in
addition to that required by subsection (a) hereof shall be
required prior to sale.
(e) All officers, as defined in this Part, are given the
authority to appraise or determine the value of derelict or
abandoned vehicles as defined in this Part. (1973, c. 720, s. 1;
1975, c. 438, s. 3.)

§20-137.11. Title to vest in State.
Title to all vehicles sold or disposed of in accordance
with this Part shall vest in the State. All manufacturers' serial
number plates and any other identification numbers for all
vehicles sold to any person other than a demolisher shall at the
time of the sale be turned in to the Department for destruction.
Any demolisher purchasing or acquiring any vehicle hereunder
shall, under oath, state to the Department that the vehicles
purchased or acquired by it have been shredded or recycled.
The Secretary shall remove and destroy all departmental
records relating to such vehicles in such method and manner as he
may prescribe. (1973, c. 720, s. 1.)

§20-137.12. Secretary may contract for disposal.
The Secretary is hereby authorized to contract with any
federal, other state, county or municipal authority or private
enterprise for tagging, collection, storage, transportation or
any other services necessary to prepare derelict or abandoned
vehicles for recycling or other methods of disposal. Publicly
owned properties, when available, shall be provided as temporary
collecting areas for the vehicles defined herein. The Secretary
shall have full authority to sell such derelict or abandoned
vehicles. If the Secretary deems it more advisable and practical,
in addition, he is authorized to contract with private enterprise
for the purchase of such vehicles for recycling. (1973, c. 720,
s. 1.)

§20-137.13. No liability for removal.
No agent or employee of any federal, State, county or
municipal government, no person or occupant of the premises from
which any derelict or abandoned vehicle shall be removed, nor any
person or firm contracting for the removal of or disposition of
any such vehicle shall be held criminally or civilly liable in
any way arising out of or caused by carrying out or enforcing any
provisions of this Part. (1973, c. 720, s. 1.)

§20-137.14. Enclosed, antique, registered and certain other
vehicles exempt.
The provisions of this Part shall not apply to vehicles
located on used car lots, in private garages, enclosed parking
lots, or on any other parking area on private property which is
not visible from any public street or highway, nor to motor
vehicles classified as antiques and registered under the laws of
the State of North Carolina, those not required by law to be
registered, or those in possession of a salvage yard as defined
in G.S. 20-137.7, unless that vehicle presents some safety or
health hazard or constitutes a nuisance. (1973, c. 720, s. 1.)

 

[TimC]

IAAL, there simply is no title to a tractor that old. Never was, even when it was new. You don't need to register tractors, either, so there is no chance that there is a "title" at the DMV with someone else's name on it.

 

[I AM ALWAYS LIABLE]

IAAL, there simply is no title to a tractor that old. Never was, even when it was new. You don't need to register tractors, either, so there is no chance that there is a "title" at the DMV with someone else's name on it.

My response:

Tim, did you read the above laws ?

Are you familiar enough with North Carolina laws to be able to conclude that "You don't need to register tractors" ? Under their law, it's a "vehicle" because it can be used as a conveyance of humans; e.g., one person.

I'd really be interested in seeing your North Carolina legal authority for your statement. Perhaps, I can learn something beyond California law.

Regardless, if she doesn't have, at least, a receipt showing she is the owner of the tractor, how is a buyer going to know whether she has "clear title" or "ownership" in order to sell the tractor ? If I was a buyer, I'd want to know whether or not she has "authority" to sell the tractor; otherwise it's "No Sale".

And, all I'm trying to do is have her look into the matter so that she can obtain "clear title".

IAAL

 

[Ooboo]

for IAAL - NC law

Hi,
If I'm understanding this right the first part concerns vehicles that a person wants removed by the state and the state assumes possesion of the vehicle and following the next steps auctions or sells the vehicle and the state highway fund gets the money . The last part states that antique vehicles or those not required to be licensed by the state are exempt from all of this ? I'll read it again but I'm afraid that I don't see a clear answer in this.
It seemed to me to address the problem of someone abandoning a vehicle that you don't want on your property or public road nearby, such as someones vehicle breaks down or they stole and then abandoned a vehicle, and you want the state officers to remove it. It kept referring back to the state possessing the vehicle and disposing of it and any proceeds to go into the state highway fund.
Thanks for your help in understanding this. Oobie

 

[I AM ALWAYS LIABLE]

My response:

You know, it just might be simpler to call your local DMV and ask.

Also, find out how you can get some sort of ownership papers on the tractor that a buyer could depend upon when shown, to allow that buyer to know whether or not you have authority to sell it. Like I said, if I wanted to buy it, and you couldn't show me something that says you have the authority to, or ownership interest in, the tractor then I wouldn't buy it.

The reason being, as a buyer, I don't know you and the tractor could be, for all I know, stolen property. I wouldn't wanted to get "tagged" for receiving stolen property.

IAAL

 

[TimC]

IAAL, before you start lecturing on what is right and wrong again, note that I did not say it was a good idea to sell the tractor without being able to prove ownership.

You do NOT need to register a tractor in the state of North Carolina. If your farm property is totally within public roads, and therefore does not require that the tractor access public roads, then you DO NOT need to register it.

One of the very statutes that you posted (§20-137.14) stipulates that the law did not apply to vehicles that were not required to be registered.

 

[I AM ALWAYS LIABLE]

IAAL, before you start lecturing on what is right and wrong again, note that I did not say it was a good idea to sell the tractor without being able to prove ownership.

You do NOT need to register a tractor in the state of North Carolina. If your farm property is totally within public roads, and therefore does not require that the tractor access public roads, then you DO NOT need to register it.

One of the very statutes that you posted (§20-137.14) stipulates that the law did not apply to vehicles that were not required to be registered.

My response:

Thank you for your opinion Tim. While I don't have enough information at this point to agree or disagree with your opinion, I want you to know that I do thank you anyway.

You are still concluding, however, without any authority, that the vehicle in question is "not required to be registered" because the tractor many not access private roads.

Well, who knows ? Sometimes farmers do, indeed, use public roads when operating their tractors - - especially from field to field. I've see it, and I'm sure you have also. But, such an assumption is not within our "fact pattern" at any rate. The question is how can she get ownership papers for this tractor, whether through registration, or some other legal fiat.

And, I'm not lecturing to you, or anyone. If you feel that I am, then perhaps you might stay off of this thread. Otherwise, see if you can help this nice lady come up with a way she can "legally" sell the tractor through her State mandated proof of ownership; and, use legal authority that she can use, rather than jumping to conclusions. I understand what you're saying about registration, or its necessity. All I'm saying is that laws are different; and, what might be the law in your State, may not be in North Carolina.

I acknowledge that you have never said it was not a good idea to sell the tractor without being able to prove ownership. Suffice it to say, while you remind me of the law that I quoted, you have never quoted any law that says this tractor is not of the type required to be registered, which is a form of ownership proof.

So, then the questions remain . . . what must our writer obtain, in a writing, to show ownership of the tractor. And then, from whom must she obtain such a writing ? These, I believe, are the necessary questions so that our writer may obtain dominion of the tractor, and have legal authority to transfer ownership to a third party.

Thanks again Tim, and chill out a little. This isn't a Federal case.

IAAL