Is there a law about this?
If my brother left his car in my yard and said he would be back to get it, and avoids us for going on 3 months now, is there some law that if he doesn't have it gone within so long it's leagaly mine?
Answer:
This is called a "bailment." You have to check the law in the state you live in to see whether you have to give your brother notice and opportunity to come back and get it. You also have to check what length of time is required before you can legally claim it as yours but I think 3 months is generally not enough time. Since it's a car, you'd also have to go to the motor vehicles department to transfer the title/registration, and I doubt they'll do it unless you come with a court order saying it's now yours.
what state do you live in?
call legal aid.but i am pretty sure it is abandoned...you can now have it towed...but i think you have to give him written notice first.check with legal aid.
good luck
You can try to claim abandonment; however, he did indicate he would be back.
You should at least attempt to track him down and ask his permission to keep the car.
If you can show you made good-faith efforts to contact him, you may have a claim to the vehicle.
In most states it becomes abandoned property after 30 days of you giving him official notice to remove the item via certified, and signed for letter. You do need to check with the police and courts in your local area about the laws for your state. Best of luck.
If the car is in a driveway you can contact your local tow truck people and see if they have signs designating a 'NO PARKING' zone. Once this sign is in place you can call the cops and have them ticket the car. Then call the company you got your nifty 'NO PARKING' sign from, and tell the company you have a car parked illegally in your drive-way. Usually these 'NO PARKING' signs will tell violators that their car will be towed at their expense.
If you really want to do something quick and easy just remove the plates and push the car out in the street. The police will remove it for failure to carry proper tags
Phradoe
In most states there are laws about abandoned property, where I live it is 90 days and you can do with it what you please. You can look up the infomation online. Most state laws and regulations can be on state website..usually it is something like www.(fill in your state).gov. If that doesn't work you could always do a google search and enter something like state laws and regulations on abandoned property. I hope this helped.
I bet you could sue him in a small claims court! Call Judge Joe Brown, then you could be on TV! Make sure you give a 30 day notice though, cause Judge Joe likes though.
Generally the car would be considered abandoned but in many states this only gives you the right to have the property removed not to take ownership. Check you states laws you may be able to file notice and attach a lien for storage fees and take possession if the item is not claimed so many days after the notice.
What you need to do is send him official notice that you intend to start charging him rent for storage fees. Give him 30 days to retrieve the vehicle, otherwise you will expect him to pay a certain amount each month for storage. After he doesn't pay for a certain number of months, you can then foreclose on the vehicle pursuant your state's procedures on such matters.
If he gave a time limit or you are assured he didn't abandon it, you shouldn't touch it. If you think he has abandoned it and you've tried to contact him without success, put an add in the paper, Attention : brother, get your car out of my yard or it will be towed out. If he's a no show call the MVD and tell them the situation. They will inform you of the right way to go about getting the ownership into your name.
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