How can we get buses off private property?

Doktari · 03-18-2020, 10:16 PM

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

musigenesis · 03-18-2020, 10:23 PM

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?

Native · 03-18-2020, 11:09 PM

Quote:

Originally Posted by musigenesis

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.

mmoore6856 · 03-19-2020, 12:41 AM

they can claim them because they will charge storage for whatever they want

Doktari · 03-19-2020, 01:27 AM

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.

Ronnie · 03-19-2020, 05:51 AM

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.

banman · 03-19-2020, 08:40 AM

Quote:

Originally Posted by Doktari

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...

john61ct · 03-19-2020, 08:40 AM

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.

Ronnie · 03-19-2020, 08:57 AM

I would be cautious about any offer with storage fees, it could set a presidence

musigenesis · 03-19-2020, 09:00 AM

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.

ewo1 · 03-19-2020, 09:00 AM

Quote:

Originally Posted by Doktari

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/

john61ct · 03-19-2020, 10:03 AM

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.

TJones · 03-19-2020, 10:19 AM

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

brokedown · 03-19-2020, 10:22 AM

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.

banman · 03-19-2020, 10:25 AM

Quote:

Originally Posted by TJones

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...

john61ct · 03-19-2020, 11:04 AM

But a properly executed set of titles show that the buses weren't his property anymore.

Doktari · 03-19-2020, 11:07 AM

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.

john61ct · 03-19-2020, 11:16 AM

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

Doktari · 03-19-2020, 11:27 AM

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.

john61ct · 03-19-2020, 11:34 AM

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.

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