My new constable has been informed of this situation:
About 1 1/2 yrs ago his predecessor evicted a tenant, and the tenant left behind his motor home without a motor. The then-constable had the motorhome placed in storage. The landlord is not interested in the motorhome, but the owner of the storage place would like storage fees. He is willing to take title to the motor home in lieu of storage fees.
Is there any way to accomplish this?
Transp Code 684 and 685 seem to apply only to vehicles that were left in a parking facility where one pays to park and then abandons vehicle (684), or where rights of owners of STORED vehicles are discussed (685).
The garden variety abandoned motor vehicle is defined in 683.002(a) (3) as one which has remained on private property without the consent of the owner...for more than 48 hours. I don't think it matters if the vehicle has no engine. (A man with only one arm is still a human. Wasn't that a law school principle...torts maybe?) The rest of 683 is, like many of our statutes, overly complicated, totally incomprehensible and of almost no help at all in resolving issues of abandoned vehidlces. There are provisions for the sheriff to sell off the vehicle at auction. You'll just have to wade through these provision. I don't think the landowner can just "take" the vehicle if he wasn't charging the guy rent specifically for having the motor home there. Then on the other hand, what are the chances the true owner will ever come back and ask about it? I guess it was under that common law theory, and while my eyes were closed, that one of our auto repair shops somehow mysteriously made an older model Lincoln "disappear."
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