Maybe a legal question how do prove a tractor is yours?

I am posting under a different name than usual but here is my problem. My dad and uncle are dividing the farm in half between them and my uncle is making it somewhat troublesome. My uncle says he wants my grandpas farmall. The tractor was given to me by my grandpa around 1996 (I repainted it for pappa in 1992). There was nothing formal just a big thank you and a promise to take care of it and he was in his right mind when he gave it to me(He passed away one month before my first son was born in 2005).It has been kept at I or my dads house since I repainted it in 1992. Now that the farm is being divided my uncle says he never new it was given to me. Even though he has watched me put $2000 and I can't even count the thousands of hours of bringing the tractor back to as close to original as I can do, all of the work and parts were bought after it was given to me. Everyone else in the family knows its mine but how do I prove it if things would go to court. All of my implements the plow, disc, cultivators, and mowing machine are still on the side of the farm that will be my uncles. Right now the farm is still in my dad and uncles name but if I go to get my stuff and he says I'm stealing and would call the police how can I prove its mine? What should I do? I'm not one to be a trouble maker and neither is my father but my uncle sure can be. Any advice will sure help. Sorry to tell everyone my problems. This tractor means a lot me, I and my grandpa spent a lot of years doing things together with it.

OK the way i see it anyway charge storage on the tractor i think the going rate is $2.00 a day so how long has your dad stored it do the math i bet money the tractor is not worth the bill to him anyway

I'm sure you have heard that "possesion is 9/10 of the law". In this case you don't have to prove anything. Your uncle has to prove that it is NOT yours, or that it IS his. And there is no way he can do that, is there? He's running a bluff, forget it and get some good photos and a tracing of the ID tag, in case it turns up "missing".
As far as the implements go, I'd wait until the uncle is gone somewhere for a day or two, get some help and go get them and "store" them at a secure location on your property.

Gordo

I would talk to a lawyer too. It will be money well spent. Hal

if you put that much in parts into it, was it possible that you AND your grandpa went to the dealer for parts together at some point? if so, did he tell the parts man or someone what was going on, so that person could verify your story? how about other friends of your grandpa, your minister, etc? two or three outsiders, all telling the same story, should go a long way in proving your side.

I repainted the tractor for my grandpa because it was getting in pretty bad shape(1992). He then let me put in the fourth of july parade and take it to a few tractor shows. I drove the tractor to his house before every show or parade to let him make sure it had the perfect wax and shine. I know this made him very happy since he could no longer step up high enough to get on the tractor and drive it. In 1996 before our county fair I had just cleaned it and asked him how his tractor looked. He just smiled real big and nodded his head and said "It's your tractor now". Ever after I still had him give it the show inspection approval before every parade or show til the day he died. After he gave it to me he always said "your tractor" instead of "my tractor" meaning his. After it was given to me, which is when I was in college (20 years old). I decided to make it look as close as original when he bought it, because I know it made him proud.I didn't spend any massive amount of money on it til it was mine. Due to his health he couldn't ride long enough to get to our parts dealers which have since closed.

In most states "labor" is collectable. Try to get proof of parts and labor dedicated by you and others to this machine. Chances are it will amount to more then most people would pay. Sad how money brings out the TRUE CHARACTER of people! If your uncle gets the machine, what will he do, sell it?

He might sell it but he just wants it because he knows that I enjoy this tractor. It is amazing how peoples true character comes out. I and my uncle used to be so close, like brothers and sometimes he was like a second father. What all started this is that after I got married 2004 we lived in town. My third son was born a month ago and I want them to grow up out in the country like I did. My dad said he would give me 2.5 acres on the corner of the farm to build a house. The farm is a small one only about 80 acres. My uncle blew up over this and wanted the farm divided. Dad was fine with that but now my uncle is just trying make things hard on us.

Do not forget that your father owns half of the tractor if the uncle want to play hard ball. Charge storage and fees for repairs he will end up owing you money, then just say oh well I will keep the tractor for payment.

If necessary you can contest the estate in court. I agree with the possession is 9/10th thing. Also, if you bought all the parts and paint etc on credit card or have the cash receipts save them and copy them! This will only help your case. The parts dealers may be able to help you with their records as well. Sad how $$ blinds some people - it happended in my family and i hear it all the time in other families as well. My dad had to dig out receipts from the 1960s in order to prove stuff my uncle took was axtually my dad's. Good thing he is a paper pack rat with that stuff. Good luck with your case.

There is no paper work to prove it's yours or your uncles. There is also no paper work requesting that you do any work on the tractor or to store the tractor. Therefore,you more than likely could not charge your Uncle or the estate for your services . A judge would more than likely decide it belongs to your Grandpa's estate,if this was the case then more then likely the tractor would have to be sold and proceeds split off between your Dad and his siblings unless your Grandmother is living. The other option is you would have to buy out your Uncles share or he your Dads share. The value would have to be determined by a independent valuation. Was this not dealt with after your Grandfathers death in his estate? Is there anyone that witnessed your Grandfather giving this to you other than your Dad?

The tractor from what has been stated has been off the farm for years while not being actively used. (not parked there) It has been in your or your dads "location at those times. It has changed posession to you, and as stated below, is for him to prove otherwise, which he cannot do. I would make sure it (and specific implements for it alone) were not on the contested property. Photos of your parade use etc are defacto evidence of your ownership. John T chime in here!!! JimN

Good news! I talked to a lawyer a few minutes ago and he said my uncle has no ground to stand on. All of my pictures, show plaques and all of the old parts that I kept when replacing others are evidence enough. He said the implements being dedicated to a model of tractor(before there was 3 point) prove that they go with it. Since my dads name is still on that part of the farm all I need is a written permission from my father to get my implements and there will be nothing criminal about my actions. I hate that it has come to this I will really miss my uncle. I pray everyday that my uncle will come around. I wonder if he suffering from depression since he lived his whole life with my grandparents was never married and now has no one. My grandma died in 1990 and grandpa in 2005. Thanks for everyones advice and please keep my family in your prayers.

That's why you need a notarized will with everything detailed as to whom gets what. Best to have it done by a lawyer. I told my mom to get my sister's name on the family home's deed before she passes on. My brother's 5th wife told her she should will it to her and my brother. She was more or less told to get lost. She would've sold it in a heart beat. Hal

Your uncle might not be playing with a full deck. I'd suggest having the sheriff go with you when you pick up your tractor and move it to a safe place, like off the farm.

Also, I wouldn't divide the farm literally in half the way they are doing it. "His side of the barn" vs "Dad's side of the barn" will mean permanent problems. I'd suggest you see an attorney about a partition sale.

"I wonder if he suffering from depression since he lived his whole life with my grandparents was never married and now has no one."

That says a whole lot. Very very similar to a situation in my family. One of my mom's brothers in just that same situation. He got ugly about things even before Grandpa died, and it only got worse when they had to settle the estate. He got greedy, but eventually lost it all.

He does bear watching.

Arrange a day when you both can meet at the site where the tractor is at. In the sight of at least two witnesses both of you should call to the tractor and see which of the two of you the tractor will come to.

Here in Colorado, you can get tractor titles and license plates. I got the title for my Farmall M by bringing it into the state police station and getting a VIN number, based on my tractor's engine serial number. Since this was an untitled vehicle, I had to post a bond. Every State varies.

Rather funny. I joked with my wife. We work on an Air Force Base, and the only thing needed to bring a vehicle on base is a valid registration and proof of insurance. I could imagine the gate guards giving me an odd look should I drive my old Farmall onto the base.

Keep it at your house and tell him to take a hike! Hoss