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given to me?

S

scott vaughan

New User
I was given this tractor by the oWner of this property. The mechanics that leased the prop moved. They worked on tractor 15yrs ago. Tractor owner never pays the bill. The prop owner while cleaning his prop up gave this left tractor to me. He was sending it to scrap yard. I worked on it 5 evnings after work get it running and drive it home, 55mi. Now the tractor owner is calling wanting his tractor. What do I do.
 
Opinion, not law.
The person that gave it to you was probably owed far more for storage of the tractor than its value.
The issue is interesting, I wonder what John T will have to say.
Jim
 
Ya. But he never sent him a bill for storage. And to my knowledge the mech never took proper ownership of tractor. They just wouldn"t let him have it till paid. The property owner and one of the mech are very good freinds. That is were all the info comes from.
 
Well, it is probably between you and the guy who wants it back, as the property owner probably has the right to remove it from his property. However, I ran into a situation where I had a vehicle on my property, and I (with law enforcement present) had it towed. As I suspected the owner decided he wanted it back. It was on a tow company property (impounded), and he would not release until his tow bill was paid. I guess I am wondering if you can charge him labor to repair and move it? All depends on who wants it worse. And different states probably look differently at these things. I am thinking he thinks he found a way to get it for nothing and trying to dodge paying the repairs.
 
When buying property unless spelled out in writing then you get everything . Unless otherwise directed the tractor belonged to the new owner . Congratulations , Unless you cave the tractor is yours .
 
Tell the previous owner, certified letter, return receipt, that if he thinks he owns the tractor, to take you to small claims court.

Also send a copy of the letter to the business owner and the mechanic.

If it gets as far as court you can call in the business owner and mechanic as witnesses.
 
You probably should check with a lawyer. I would be inclined to send him a bill for the work you did and the cost of moving it. Tell him he can come get it as soon as he pays your bill and shows you receipts for the mechanics work and the property owner's storage.
 
You never stated what model the tractor was? Is it worth keeping it? Have the property owner write you a bill of sale. Unless the previous owner has a bill of sale it may be hard for him to prove it was his to begin with. I always get a bill of sale of some kind when buying tractors.
caseman-d
 
I would think it would be up to the owner to prove it was his. Let him do the work to get it back. Once he goes in front of a judge, he'll find out whos it is! He never paid his repair bill, and he left it there for 15 years. He'll lose!
 
He gave it to you so its yours keep it just shut up and dont talk to him. If he thought you stole it he would be talking different. He will have a hard time getting it back how long ago did you drive it home.
 
(quoted from post at 03:17:47 09/23/10) I would think it would be up to the owner to prove it was his. Let him do the work to get it back. Once he goes in front of a judge, he'll find out whos it is! He never paid his repair bill, and he left it there for 15 years. He'll lose!
Click to expand...

That will only work if the property owner will get involved, and has proof of this so-called "bill" that hasn't been paid.

Without any paperwork at all, you have no leverage whatsoever. Your only saving grace is if the "owner" doesn't have any paperwork either.
 
"Here",

The mechanic has to file a 'mechanic's lein' at the courthouse to lay claim to the property in dispute.

Otherwise, ownership will always remain with the original owner.

Think I'd give the guy his tractor back and stay completely out of the fight between the other two parties. The landowner is trying to push this arguement over onto you. Wash yer hands of it.

Just my opinion,

Allan
 
Most states have an abandonment laws and most are 90 days. Check what your state has in the law of abandonment law. 15 years is a long time to leave a piece of equipment anywhere and retain ownership.

Keith
 
Scott,Same thing happen to me with a Mans truck.The man died and his wife called me wanting me to have the truck.The daughter called me wanting her fathers truck back.Normally Im a very nice person,but this time I thought I was right.I told her if the judge told me to give it back I would bring it to her and shake her hand and we would be friends.I never heard from her again

jimmy
 
reverse any work you did, remove any parts you installed. surely the tires were flat when you picked up the tractor had water in fuel tank and transmission. wiring had been eaten by rats. the tractor was in the most unaccessable area. i wouldn't make it easy on him. the only reason he wants it back is because you repaired it. good luck, d.coleman
 
There is ownership and mechanics lein.. I think now you own it and also have a mechanics lein if you dont own it. ownership trumps mechnics lein in most cases and the mechanic simply has a lein on the property... the lein can mean different things in different states and depending on if the vehicle is released back to the owner... so once you release it back, you have by default, agree to take payments or other terms.. every state will vary.. so check carefully. You have a verbal contract giving you ownership.. do you have any witnesses?
 
Have the property owner send a bill to the tractor owner for back storage fees. In Iowa if you abandon personal property for more than one year you lose ownership rights, unless you have a public advertisement claiming ownership once every year. This is on equipment stored or parked on land you do not own or lease.
Found this out the hard way. Twenty years ago I had a small 10 foot wheel disk. All of the neighbors used it for water ways and such. The last one to use it died. It was setting back in the weeds at the end of the water way he seeded using it. I had forgot about it as I did not use it very often. I went to get it, about eighteen months later, and the new land owner threw a fit claiming it was his. I had bought it at an auction and my wife found the sales ticket. We went to court and I lost. Judge said I had abandoned it since I had not claimed it within one year.
 
The retired farmer, came for it the morning after I removed it from the property. It is a small town and I know he watched me as I progressed w repairs. As a matter of fact that evening prior I moved it inside the property owners newly cleaned up building. It took him about a week to find me by phone. He started searching that next morning. The Sheriff even called the property owner. Property owner told him he gave it away. Sheriff told him he was going to look into it. But has not called him back nor contacted me.
 
In Minnesota the land owner would have the right to have it removed. If I were the one contacted to do the removal, I would have a claim for the costs of removal plus storage. The costs would be whatever is reasonable to get it transported. Any repairs that are necessary to accomplish this are included. Your time/labor also gets added in.

As long as I do not let the tractor leave my premises I have an automatic mechanics lean without filing any paperwork. The previous owner would have to provide proof of ownership and then be responsible for all my charges. After 15 years he would also have to come up with a reason it was not abandoned property which would negate his ownership claim.
 
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