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  1. #1

    Question Right To Abandoned Property

    My question involves civil rights in the State of: Ky

    11 months ago a friend of my brothers left 2 ATVs in my garage and after numerous phone calls to contact him and make him com and get them my husband decided to fix the 4 wheelers. We told my brothers friend that if he wanted them back he could pay us back what we put into them to get them running again. Well this evening I come home to find him waiting in my driveway with a truck and a trailer saying that he sold the Atvs and that he was taking them. My husband is out of the country and I wasn't sure what to do. He took the ATVs and said that he wasn't paying us anything. What legal right do I have to these ATVs and can I at least get a storage fee for the 11 months that they were here?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Right To Abandoned Property

    From what you say the ATVs were not abandoned. You were holding them against the owner's wishes. Now he has them back.

    Your husband decided to fix the ATVs - meaning he was asked to do so by your brother who agreed to reimburse the costs, or your husband did this on his own initiative with no such agreement? Fixing somebody else's property without their consent or agreement to pay is generally going to be regarded by a court as a gift.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Right To Abandoned Property

    Agreed.

    You wouldn't install hardwood in a rental apartment... and wouldn't fix someone else's property without prior written consent and an agreement for payment.

    Sorry.

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