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  1. #1
    Join Date
    Jun 2013
    Posts
    1

    Default Can I Give Away or Sell a Motorcycle I'm Storing if the Owner Won't Pick it Up

    My question involves personal property located in the State of: Kentucky

    I live in Kentucky and on January 29th of 2013 my little brother moved to Florida. I have not see or heard from him since then and it is now June 6th 2013. He left me his 2006 ninja motorcycle and title. He has sent word to me from others he is going to come get it but still has not spoken to me. I do not know his new address or even what town in Florida he moved to. The question is... Someone recently offered me a trade to the motorcycle. What should I do to take ownership of the motorcycle? I've always heard the possession being 9/10's of the law and after 90 days it is yours. But I do not want to get rid of the motorcycle if I could get into trouble for it. But I really don't like having to hang onto it either...

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Trouble with a Motorcycle

    That possession thing is a myth.

    You don't own it, you can't sell it.

    You can't get title to it unless your brother signs over the title or you go to court and get a judge to award you title to it.

    Otherwise, treat it as abandoned and handle it under your state's abandoned property laws and, with proper written notice to your brother, have it towed away.

    But you cannot legally benefit from the abandonment unless you go to court, which is likely to cost you more (for a lawyer) than the bike is worth.

  3. #3

    Default Re: Trouble with a Motorcycle

    Or, you can contact your local law enforcement, and turn the bike over to them as found property. They can make attempts to locate the lawful owner, and if THEY fail in contacting him or getting him to retrieve his property, THEN you may be able to apply for ownership through them (they have a process where they act as a sort of "middle man" to get the court to award title, after the court is satisfied that law enforcement has made reasonable effort to locate a missing owner).

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can I Give Away or Sell a Motorcycle I'm Storing if the Owner Won't Pick it Up

    If he actually left it to you, he would have conveyed the title.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Trouble with a Motorcycle

    Aaron wrote a response to a similar question that can help provide some direction:


    http://www.expertlaw.com/forums/showthread.php?t=50810



    this publication addresses the issue as well but it suggests that the owner of the property which the vehicle was abandoned on has no claim to the vehicle:


    http://franklincounty.ky.gov/nr/rdon...ents186020.pdf

    this is the law referred to in that:


    82.630 Vehicle deemed abandoned -- Escheat to local government -- Disposal of
    vehicle.


    (1) If within ten (10) business days of impoundment a motor vehicle impounded by a
    local government has not been claimed, or a hearing has not been requested
    pursuant to KRS 82.625, notice shall be mailed by certified mail to the registered
    owner, if known, and lienholders of record, if any, affording the parties the right
    within ten (10) days from the date of notice to claim the vehicle or request a hearing
    pursuant to KRS 82.625. The notice shall state that, if no hearing is requested, the
    vehicle shall be deemed abandoned unless the charges thereon are paid within fortyfive (45) days of receipt of notice.


    (2) After forty-five (45) days from the date of notice required by subsection (1) of this
    section an impounded motor vehicle shall be deemed abandoned and the vehicle
    shall escheat to the local government.


    (3) If the vehicle is judged suitable for use, the local government may obtain a
    certificate of registration and ownership from the county clerk pursuant to KRS
    186.020 and either use the vehicle for governmental purposes or sell the vehicle at
    public auction to the highest bidder. If the vehicle is not suitable for use, it may be
    sold for its scrap or junk value.
    Effective: July 13, 1990
    History: Amended 1990 Ky. Acts ch. 9, sec. 2, effective July 13, 1990. -- Created 1984
    Ky. Acts ch. 416, sec. 7, effective July 13, 19


    It would not surprise me if the police refused to become involved with this seeing it is a fairly recent model year and the OP is related to the OP. The police may not act for a variety of reasons but believing the action is being taken for malicious intent could be a consideration. The police have no evidence of the agreement between the brothers so they have no real idea if the vehicle is truly abandoned other than by the OP's statement.

    speaking of; OP has not given any information regarding the agreement for him to store the motorcycle. That is obviously an important fact.

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