Has someone abandoned a vehicle on your property? Do you want to take ownership of an abandoned vehicle you found? Did you lose the title to your own car or a family member’s car? If you didn’t own the car to begin with, getting a title is possible but more difficult than you might think.
An abandoned vehicle is legally defined as one which has been left unattended without notice to the property owner. Any attempt to remove or claim ownership of the vehicle must originate from the lawful owner of the property.
In this article we’ll tell you everything you need to know, from the legal definition of an abandoned vehicle and how to title one to some common situations where you might encounter one. Soon you’ll be prepared to buy, sell, or trade for an abandoned car with confidence.
By definition, an abandoned vehicle is one which has been left on someone else’s property without notice. Depending on the state, the minimum time before a vehicle is considered abandoned ranges from a few hours to 30 full days. This timeframe depends on whether the vehicle was abandoned on public property, private property, or along a roadway. In some states the property owner can then obtain legal ownership of the vehicle, in others they can’t.
Vehicles generally become abandoned in 4 ways:
If you encounter an abandoned vehicle as a property owner or a passerby, don’t do anything until you understand your state’s abandoned vehicle laws. Also keep in mind that an abandoned car is often a stolen car – take extra precautions when approaching an abandoned vehicle.
Under most circumstances, tampering with a vehicle is a crime. Take the proper precautions to ensure the vehicle can be legally deemed abandoned in your state before interacting with it.
Each state defines abandoned vehicles differently. Learn about your state’s laws before attempting to move or claim ownership of an abandoned car.
This list is accurate to our knowledge as of the date listed below. We have tried to provide direct government resources whenever possible. If you notice any issues or outdated information please let us know.
Abandoned vehicle laws by state (updated December 2020):
The most common misconceptions about abandoned vehicles stem from the legal definition above, and the following scenarios illustrate that confusion. Keep in mind that some states expressly forbid property owners from taking ownership of abandoned cars, while others will never classify a vehicle as abandoned if it’s out of public view. When in doubt, check your state’s laws.
A family friend of mine owns a historic one-room schoolhouse in a small town. One day a drunk driver abandoned his car on the property, and it later caught fire, burning both the car and the schoolhouse to the ground. The schoolhouse was a tragic loss for the community, but my friend was able to determine the car’s legal owner thanks to his state’s abandoned car laws, and justice was served.
There are many ways to deal with an abandoned car. The right answer usually depends on where it was abandoned.
If you suspect a vehicle has been abandoned on public property, be reasonably sure of this before notifying your local authorities. You wouldn’t want to have someone’s car towed for no reason.
If you suspect a vehicle has been abandoned on private property owned by someone else, notify the local authorities after attempting to contact the property’s owner.
If someone abandons a vehicle on your property, contact the local authorities before interacting with the vehicle. In some states it is illegal to move the vehicle until a certain amount of time has passed.
If you own a business or property where a vehicle was abandoned you need to follow your state’s specific procedures for reporting and moving the vehicle. Some states allow you to sell the car after a certain time has passed, something which is illegal in other states. Check your local resources using the links above.
There are 3 common circumstances where you could come to own an abandoned vehicle:
The process for obtaining legal ownership of an abandoned vehicle that was left on your property is different in every state. Learn your state’s laws before proceeding. Do not assume this is possible in your state.
The process generally looks something like this:
Depending on the state, the vehicle will either be sold at auction or sold/transferred directly to you. Additional paperwork is usually required either way. Some states do not allow any of this and will require the vehicle to be taken into government possession.
You’re out for a drive when you spot a rusty quarter-panel poking out from under a tree. Upon closer inspection you realize you’re looking at a 1969 Dodge Charger, an incredible find to any muscle car enthusiast – one that’s worth big bucks no matter its condition.
The property looks to have been abandoned for years. How do you go about buying that car? In other words, how do you buy an abandoned car from someone else’s property?
You may have heard rumors that you can simply go to court and obtain ownership of any abandoned car you find. However, that can only happen in very rare and specific circumstances.
Whatever you do, DON’T STEAL IT. That might sound ridiculous but every year we hear from people who just waltzed in and stole an abandoned car off someone else’s property. Little did they know that car was very much not abandoned, and the rightful owner later reported the theft. That’s’ Grand Theft Auto – and not the fun kind.
You could start by asking the neighbors about the abandoned car. Chances are they will either own it or know the person who does.
If that goes nowhere, try to access public records to determine who the property owner is, then cross-reference that information to a local phone directory or send mail to that address.
Your state might allow you to learn the existing owner by running a VIN Check. In that case you could legally obtain the VIN from the car and go from there. Do not assume that using VIN information to find someone is legal in your state.
Things get complicated if the last registered owner of an abandoned vehicle has died or is otherwise out of the picture. In that case, you could file for a declaratory judgement in your local court. This will give you the opportunity to present the facts of the abandonment to a judge and argue for legal ownership of the vehicle. This is not likely to work if the vehicle is on land you do not own, but if the land is known to the local government or is causing a blight a conversation could begin.
A declaratory judgement is very much a last resort. You need an ironclad reason to bring a case before a judge. Don’t waste their time and yours.
In general terms, a declaratory judgement probably won’t work if the abandoned vehicle is located on private property. The judge may elect to contact the owner’s next of kin or employ other methods to find a rightful legal owner of the vehicle. A declaratory judgement may proceed in your favor if no rightful owner can be located, if the property is owned by a government entity or a defunct business, or if the vehicle or property is a high-profile blight or eyesore in the community.
Depending on the state and circumstance, it may be possible to title an abandoned vehicle in your name. Dirt Legal specializes in recovering lost titles. If you encounter a case where you need a title for a vehicle you legally possess, such as through inheritance, real estate sales, or illegal abandonment on your property, click the button below to see if our Title Recovery Services are a good fit for you. We know this is a highly technical topic so please don’t hesitate to contact us with questions before placing your order.
