Abandoned Vehicles: Can You Claim One on Your Property?

The question of whether you can claim an abandoned car on your property is a common query, with the answer varying significantly from state to state. This article provides a comprehensive guide on the steps you need to follow to address this issue legally and ethically.

Understanding Your Local Laws

The rules governing abandoned vehicles differ greatly from one state to another. It is crucial to consult your State Department of Motor Vehicles (DMV) for specific guidelines relevant to your area. They can provide you with the necessary information to proceed with the appropriate legal actions.

Notifying the Authorities

If you find an abandoned car on your property, the first step is to notify the appropriate governmental authorities. This notification can trigger a legal process where the car is seized and held at an impound lot. By doing so, you protect yourself from potential liabilities and ensure the car is handled legally.

Potential Actions Against the Owner

Once you have notified the authorities, consider exploring other legal actions you can take against the owner. If you know the person who owns the vehicle, you might be able to start an action against them. Ensure that this person is indeed the titled owner of the vehicle. You can send a registered letter, preferably with restricted delivery and requiring a signature, to prove that the owner has received the notification. In the letter, state that you intend to charge the customary storage fees, which in the New York Metro Area range between $15 and $30 per day. After a month or two, if the fees exceed the vehicle's value, it might encourage the owner to sign over the title to you.

Involvement of Municipal Authorities

Local Homeowner Associations or homeowner associations (HOAs) can also play a role. Informing them about the unregistered or derelict vehicle might prompt the owner to take action, as fines for such conditions can be severe. This dual approach can increase the likelihood of resolving the issue.

Check with Your Auto Registrar

Another option is to check with your local auto registrar or motor vehicle department for specific procedures related to obtaining title for abandoned vehicles. While the process may seem complex, it is generally not difficult to navigate with the right guidance.

Caution Against Unlawful Actions

It is important to avoid any actions that could lead to legal complications. Some misguided advice suggests sending threatening letters or even concealing the vehicle to force the owner to act. This approach is not only unethical but can lead to serious legal issues, including fraud and forgery charges. Such actions can result in civil liabilities and even criminal charges, which far outweigh the potential benefit of the vehicle.

The Legal Way Forward

The recommended course of action is to notify the authorities and follow their procedures. This approach ensures that the vehicle is legally removed from your property, and you are protected from any legal issues. Local law enforcement will provide a tow truck and complete the necessary paperwork. Subsequently, the owner will be responsible for retrieving the vehicle and paying any associated towing and storage fees.

By taking these steps, you can address the issue of an abandoned vehicle in a manner that is both ethical and legally sound. Always ensure that you act in compliance with local laws and regulations to avoid potential complications.