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Main Forums => Dear Socrateaser => Topic started by: skye on Aug 09, 2006, 09:02:32 AM

Title: soc can you help me with this
Post by: skye on Aug 09, 2006, 09:02:32 AM
There is a 72 camaro on my property with no motor ...it has been here 7 years that I have been here...I want to title it..and keep it...the virginia law says

"Notify the owner(s) and lienholder(s) by registered or certified mail of the location of the vehicle and that if it is not claimed within 30 days (or if a manufactured or mobile home, 120 days), it is your intention to apply for a Virginia title."

How do I write this letter? can you help me with a letter?

Can I charge a storage fee should they decide no pick it up ( since it is a split bumper all original except the motor) to keep them from wanting to?

thanks a bunch
Skye


Title: RE: soc can you help me with this
Post by: socrateaser on Aug 09, 2006, 10:29:47 AM
>There is a 72 camaro on my property with no motor ...it has
>been here 7 years that I have been here...I want to title
>it..and keep it...the virginia law says
>
>"Notify the owner(s) and lienholder(s) by registered or
>certified mail of the location of the vehicle and that if it
>is not claimed within 30 days (or if a manufactured or mobile
>home, 120 days), it is your intention to apply for a Virginia
>title."
>
>How do I write this letter? can you help me with a letter?
>
>Can I charge a storage fee should they decide no pick it up (
>since it is a split bumper all original except the motor) to
>keep them from wanting to?

Take lots of photos of the vehicle, and of the ground underneath, before sending the letter, and incude a photo in the mailing. You don't want to be accused of having damaged or otherwise disabled the vehicle so as to make its retrieval unreasonably difficult or impossible; and you want proof of any leakage, or other damage to your land.

Also, the letter below contains some comments re a possessory lien on the vehicle. You may or may not actually have such a right as against your storage fees. Most states have statutes covering this issue, especially where commercial vendors, e.g., tow companies, auto mechanics, parking garages are concerned. But I don't know VA law, so I can't tell you if you have such a right as a private land owner not operating a business related to the vehicle.

So, don't try to enforce your right to maintain possession unless you first find a VA statute granting you such a right, or you could be liable for civil and/or criminal trespass to chattel, or conversion.

------------

Dear X:

For the past 7 years, a 1972 Camaro, VIN#?????, registered to you, has been abandoned on my land. I am hereby providing you notice, that effective immediately, I am imposing a vehicle storage fee in the amount of $25 per day against the vehicle, and that at the end of 30 days from the date of mailing of this notice, if the vehicle is not removed and the storage fee paid in full, I will apply to the State of Virgina for title in the vehicle to be vested in my name.

Please be advised that the storage fee is imposed solely in exchange for a license permitting the vehicle to remain on the property. I disclaim all liability for loss, theft or damage to the vehicle, or to its contents, to the maximum extent legally permitted.

Furthermore, I am maintaining a possessory lien on the vehicle until all storage fees are paid in full, and to mitigate the cost of any damage or waste caused on my land by the vehicle's continued presence (due to leakage, or any other cause). Any attempt by you, or someone acting on your behalf, to remove the vehicle without first paying all storage fees and for repair to the land, will be treated by me as, but not limited to, a trespass, and I will use all legal avenues available to me to protect my interests.

If you have any questions or concerns, please do not hesitate to contact me immediately.

Sincerely,

XX

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