Reply
 
Thread Tools Display Modes
 
Old 03-18-2020, 10:16 PM   #1
Bus Nut
 
Join Date: Dec 2018
Location: Mt Vernon, WA
Posts: 288
Year: 1996
Coachwork: Bluebird, Collins
Chassis: G30 Bluebird Microbird, E350 Shuttle Bus
Engine: 1995 Chevrolet 350, 1992 Ford 460
How can we get buses off private property?

Well, my friend and his friend have a conundrum. They have 3 RE buses on private land belonging to a uncooperative land owner. They bought the buses but the buses were not removed before the new land owner moved in. The buses need minor work before being driveable. The person who lived there originally and sold them got ill and was evicted from the property by the new owner. The new owner is acting like a jerk and uncooperative and has apparently filed in Arizona to claim the buses. Is there any hope to retrieve his buses or is it a lost cause?. I dont know much about legalities. It’s dragged on for months with my friend waiting for the ill person to resolve this but my friend is going to try and take matters into his own hands. He contacted the sheriff and sheriff said he would talk to the new owner but never did so. Apparently the sheriff is a uncooperative also. I dont know Arizona law. Maybe someone here knows more or a loophole that might help. Thanks
Doktari is offline   Reply With Quote
Old 03-18-2020, 10:23 PM   #2
Bus Crazy
 
musigenesis's Avatar
 
Join Date: Jan 2019
Location: Philadelphia
Posts: 2,295
Year: 2003
Coachwork: International
Chassis: CE 300
Engine: DT466e
Rated Cap: 65C-43A
Are they towable? If you could find a new parking spot nearby, maybe a towing company would give you a deal on all three. Do your friends have the titles to the buses in their names?
__________________
Rusty 87 build thread
musigenesis is offline   Reply With Quote
Old 03-18-2020, 11:09 PM   #3
Bus Crazy
 
Join Date: Sep 2015
Posts: 1,836
Year: 2002
Coachwork: Thomas Built Bus
Chassis: Freightliner FS65
Engine: Caterpillar 3126E Diesel
Rated Cap: 71 Passenger- 30,000 lbs.
Quote:
Originally Posted by musigenesis View Post
Are they towable? If you could find a new parking spot nearby, maybe a towing company would give you a deal on all three. Do your friends have the titles to the buses in their names?
That sounds like the best bet, if the tow trucks are allowed on the property.
Native is offline   Reply With Quote
Old 03-19-2020, 12:41 AM   #4
Bus Nut
 
Join Date: Mar 2017
Location: iowa
Posts: 317
Year: 1998
Coachwork: bluebird
Chassis: chevy
Engine: 3116 catapillar
Rated Cap: formerly 71 now 2 or 4
they can claim them because they will charge storage for whatever they want
mmoore6856 is offline   Reply With Quote
Old 03-19-2020, 01:27 AM   #5
Bus Nut
 
Join Date: Dec 2018
Location: Mt Vernon, WA
Posts: 288
Year: 1996
Coachwork: Bluebird, Collins
Chassis: G30 Bluebird Microbird, E350 Shuttle Bus
Engine: 1995 Chevrolet 350, 1992 Ford 460
They are towable but not accessible. No one allowed on the property. Can they get a court order or something to go retrieve them? They might have to pay storage as Moore mentions.
Doktari is offline   Reply With Quote
Old 03-19-2020, 05:51 AM   #6
Bus Crazy
 
Ronnie's Avatar
 
Join Date: Oct 2017
Location: Virginia
Posts: 1,368
Year: 1971
Coachwork: Wayne
Chassis: International Loadstar 1700
Engine: 345 international V-8
It would seem that if the land owner is holding them and not allowing them to be moved that charging storage would not be legal. Time to talk to a lawyer I think.

By the way in Virginia if you have an abandoned vehicle you have to post an auction and hold it for 30 days before you can claim ownership. So if this was happening in Virginia you would be able to reclaim it.
Ronnie is offline   Reply With Quote
Old 03-19-2020, 08:40 AM   #7
Bus Nut
 
banman's Avatar
 
Join Date: Aug 2019
Location: Ohio
Posts: 872
Year: 2002
Coachwork: Thomas
Chassis: Freightliner FS-65
Engine: 7.2L Cat 3126 turbo diesel
Rated Cap: 71 passenger 30,000 gvwr
Quote:
Originally Posted by Doktari View Post
They are towable but not accessible. No one allowed on the property. Can they get a court order or something to go retrieve them? They might have to pay storage as Moore mentions.
Unless the new property owner has filed a lien against anything owned by the "sick evicted tenant" .

If you contacted the Sheriff and said I have a tow-truck coming, I need access I'm sure the Sheriff would be more helpful. You'll need to be able to prove on the spot who owns the buses. Signed titles, not just a BOS on a napkin...

In Ohio, about the easiest way to title a bus I could find was to have it towed by a licenced company -- who now has a valid bill to file a claim against to become the new owner of the bus. Only takes 30 days!

Research AZ law, I'm just guessing it'll favor the business/owner side of things...
__________________
David

The Murder Bus
banman is online now   Reply With Quote
Old 03-19-2020, 08:40 AM   #8
Bus Crazy
 
Join Date: Nov 2016
Posts: 1,420
Try offering a small storage fee in writing with the cheque included on a lawyer's letterhead and notarised copies of the legal titles, delivered Registered mail but no threats, just stating the offer is good for two weeks.

Try to get in good with the Sheriff, ask them for advice. . .

Followed by a Small Claims suit for the maximum for denying you reasonable access, no need to pay a lawyer for that.

Meantime another offer for a bit more carrot

If you win the Small Claims, then a stronger letter threatening a bigger suit.
john61ct is online now   Reply With Quote
Old 03-19-2020, 08:57 AM   #9
Bus Crazy
 
Ronnie's Avatar
 
Join Date: Oct 2017
Location: Virginia
Posts: 1,368
Year: 1971
Coachwork: Wayne
Chassis: International Loadstar 1700
Engine: 345 international V-8
I would be cautious about any offer with storage fees, it could set a presidence
Ronnie is offline   Reply With Quote
Old 03-19-2020, 09:00 AM   #10
Bus Crazy
 
musigenesis's Avatar
 
Join Date: Jan 2019
Location: Philadelphia
Posts: 2,295
Year: 2003
Coachwork: International
Chassis: CE 300
Engine: DT466e
Rated Cap: 65C-43A
I don't know if this would help, but it's possible the asshole owner has a greatly inflated sense of how much these buses are actually worth. If you could communicate to him how much difficulty he would have in selling these buses (especially right now) he might eventually come around to the idea that he just needs to get them off his property - which your friends are of course willing to do.
__________________
Rusty 87 build thread
musigenesis is offline   Reply With Quote
Old 03-19-2020, 09:00 AM   #11
Skoolie
 
Join Date: May 2015
Location: Miami, Fl.
Posts: 178
Year: 1999
Chassis: Amtran / International
Engine: DT466E-Md3060
Quote:
Originally Posted by Doktari View Post
Well, my friend and his friend have a conundrum. They have 3 RE buses on private land belonging to a uncooperative land owner. They bought the buses but the buses were not removed before the new land owner moved in. The buses need minor work before being driveable. The person who lived there originally and sold them got ill and was evicted from the property by the new owner. The new owner is acting like a jerk and uncooperative and has apparently filed in Arizona to claim the buses. Is there any hope to retrieve his buses or is it a lost cause?. I dont know much about legalities. It’s dragged on for months with my friend waiting for the ill person to resolve this but my friend is going to try and take matters into his own hands. He contacted the sheriff and sheriff said he would talk to the new owner but never did so. Apparently the sheriff is a uncooperative also. I dont know Arizona law. Maybe someone here knows more or a loophole that might help. Thanks


As far as him filing a claim for the title to the busses, if it has not been closed yet (new titles issued), go to the court house and find out how you can get a temporary restraining order or injunction to temporarily stop the process and give the bus owners a chance to their say in front of a hearing officer.

In Florida there is a process thru the DMV to have an "Administrative Stop" placed on a title. This means that the title cannot be processed in any way until the stop is removed. I would also check with your state DMV office and find out if the have a title fraud investigator and if so I would quickly talk to them about your situation.

Here is a link outlining the Florida process, for informational purposes only.
Your state might have something similar.

http://kb.frvta.org/title-stops-how-to-place-them/
ewo1 is offline   Reply With Quote
Old 03-19-2020, 10:03 AM   #12
Bus Crazy
 
Join Date: Nov 2016
Posts: 1,420
OK fair enough don't call it a fee for storage

A one-time payment to compensate him for his helping facilitate entry to the property so the owner of the buses can remove them.
john61ct is online now   Reply With Quote
Old 03-19-2020, 10:19 AM   #13
Bus Nut
 
TJones's Avatar
 
Join Date: Jul 2017
Location: Rapid City, SD
Posts: 498
Year: 2001
Coachwork: Blue Bird
Chassis: CS RE
Engine: ISC 8.3 L 260 hp
Rated Cap: 36
If your friends have title for the buses signed by the seller of the busses then the owner of the property is illegally holding someone else personal property. If there is no agreement with the tenant or land owner regarding storage fees no fees can be charged by the land owner. Talk to the local sheriff. If they have title show up with the sheriff and tow trucks. If they have no title they will have to pursue reimbursement from the bus seller. A copy of the tenant lease may also be helpful. The best option may be to take either the bus seller, land owner or both to small claims court. The threat of litigation will likely change the land owners mind.

Ted
TJones is offline   Reply With Quote
Old 03-19-2020, 10:22 AM   #14
Bus Geek
 
brokedown's Avatar
 
Join Date: Dec 2016
Location: Weeki Wachee, FL
Posts: 3,013
Year: 1997
Coachwork: Bluebird
Chassis: TC2000 FE
Engine: Cummins 5.9
Rated Cap: 72
if you've got the title, just bring the sheriff. You don't owe him anything to allow you to take your property that isn't bound by any sort of storage agreement.
__________________
Keep up with us and our build!
Follow us on Facebook, Instagram, YouTube, and Twitter
brokedown is offline   Reply With Quote
Old 03-19-2020, 10:25 AM   #15
Bus Nut
 
banman's Avatar
 
Join Date: Aug 2019
Location: Ohio
Posts: 872
Year: 2002
Coachwork: Thomas
Chassis: Freightliner FS-65
Engine: 7.2L Cat 3126 turbo diesel
Rated Cap: 71 passenger 30,000 gvwr
Quote:
Originally Posted by TJones View Post
If your friends have title for the buses signed by the seller of the busses then the owner of the property is illegally holding someone else personal property. If there is no agreement with the tenant or land owner regarding storage fees no fees can be charged by the land owner. Talk to the local sheriff. If they have title show up with the sheriff and tow trucks. If they have no title they will have to pursue reimbursement from the bus seller. A copy of the tenant lease may also be helpful. The best option may be to take either the bus seller, new land owner or both to small claims court. The threat of litigation will likely change the land owners mind.

Ted
Filing a charge of stolen property would engage the Sheriff -- motivate 'em to help sort things out more reasonably...

Now if the sick evicted friend owes the property owner money (and his getting evicted tells me he probably does...) I'm sure that's a big part of the problem...
__________________
David

The Murder Bus
banman is online now   Reply With Quote
Old 03-19-2020, 11:04 AM   #16
Bus Crazy
 
Join Date: Nov 2016
Posts: 1,420
But a properly executed set of titles show that the buses weren't his property anymore.
john61ct is online now   Reply With Quote
Old 03-19-2020, 11:07 AM   #17
Bus Nut
 
Join Date: Dec 2018
Location: Mt Vernon, WA
Posts: 288
Year: 1996
Coachwork: Bluebird, Collins
Chassis: G30 Bluebird Microbird, E350 Shuttle Bus
Engine: 1995 Chevrolet 350, 1992 Ford 460
Thank you everyone. Part of the problem is the guy who sold the buses is in hospital for two months and in surgery. Meanwhile the clock is ticking.
Apparently one of the Deputy Sheriff’s just quit. After not hearing back from the Sheriff my friend talked with the Deputy who claims the Sheriff is a pain to work with and is under investigation for corruption.
Yes, the options you all mentioned sound fair enough but more needs to be learned about Arizona law. And check with DMV about options. My friend bought into a mess. It’s a lesson to be more careful.
Doktari is offline   Reply With Quote
Old 03-19-2020, 11:16 AM   #18
Bus Crazy
 
Join Date: Nov 2016
Posts: 1,420
Did you legally execute title before the eviction or not?

If not and the friend is in his debt then legally he has a pretty strong case.

Do not execute now and backdate them without legal advice IRL not here, might be fraud
john61ct is online now   Reply With Quote
Old 03-19-2020, 11:27 AM   #19
Bus Nut
 
Join Date: Dec 2018
Location: Mt Vernon, WA
Posts: 288
Year: 1996
Coachwork: Bluebird, Collins
Chassis: G30 Bluebird Microbird, E350 Shuttle Bus
Engine: 1995 Chevrolet 350, 1992 Ford 460
The titles are all in the names of previous owners. Sorry, forgot to mention that. As I said I need a personal lawyer but cannot afford one. I just despise injustice anywhere and owe my friend a favor so am looking in to it.
My friend is getting despondent about the whole thing and considering abandoning them and moving on with his life. Hand shake deals sure can backfire occasionally.
Doktari is offline   Reply With Quote
Old 03-19-2020, 11:34 AM   #20
Bus Crazy
 
Join Date: Nov 2016
Posts: 1,420
Legally the "previous" owner is the current owner, and if they aren't involved likely the landowner now becomes the owner ("possession is nine-tenths of the law").

Neither your friend nor you have legal standing IMO, you'd need a very liberal / sympathetic judge to rule otherwise.

Try the sheriff first, but I reckon slim odds there.
john61ct is online now   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


» Featured Campgrounds

Reviews provided by

Powered by vBadvanced CMPS v3.2.3

All times are GMT -5. The time now is 10:26 PM.


Powered by vBulletin® Version 3.8.8 Beta 4
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
×