who owns my tractor??

Some 5 years ago when I bought this house in the country, I got to know my neighbor. He had a farm with all sorts of junk laying around. When he showed me around the farm, along with 3 farmalls, I spotted an old John Deere B. I asked if he wanted to sell it, and he said no.

Over the years, I would periodically ask him about it. Finally, last December, he stops by my place and tells me he is ready to sell the tractor- and it has to happen today! So, I paid him and we dragged it a mile or so back to my place, after putting on a new tire in the front (both were flat and rotted).

I rebuild the carb and get it running enough to drive on and off a trailer, so I can move it to my new farm, which I have now done.

So last week, along comes a fellow asking about it. He says that the tractors and other equipment did not belong to the guy that sold it to me, but were actually owned by the very wealthy woman who owns the farm across the road. She just got to wondering about the tractors, and found out they had been sold, and she was peeved!

I go to visit her, and bottom line is that she says she wants her tractors back. I was very polite and indicated that I have begun restoration and her response was "go ahead and keep restoring it, but she wants it back". I thought that was a pretty mean thing to say.

The fellow who I bought it from talked to her, and they disagreed on ownership, but he agreed to undo the deal and buy it back from me. He claims that she gave the machines to his mom, who is now gone.

The problem is, that I've done work to it, hauled it, and I have been planning to restore and use it. The old woman is really just trying to prove a point that she is not about to be ripped off. If she ends up getting it back, it will sit in her barn, rotting away. I tried to talk her into getting the money back from the guy and giving the money to her, but she says the money means nothing to her and she wants her tractor back.

I dunno- it seems that if she was really concerned about these machines she would have looked into them at least once in the ensuing 50 years or so since they have been sitting in this guy's barn!

I was advised by the old woman's farm manager to just hang loose and let her cool down. Maybe I'll end up with it after all. But I don't want the tractor if it will have "bad juju".

I know that the farmalls are out of state at this point and getting them back woudl be very hard.

I don't know why I'm posting this- I am mostly just venting frustration at finally getting the JD I have always wanted, and may end up loosing it...Thanks

As for "bad juju", sell it, or find a witch doctor to put a spell/hex on it, find and put the biggest bow on it, then park it on her porch in front of her door.

Comon' Leland. I can't swallow that one.

Just because you mowed some lots for 7 years it makes them yours? Naw, that ‘tain't how it works.

Gotta be more to this tale than you're lettin' on; what did you do? Sneak into the courthouse and pick up their back taxes?

Allan

Mark

Bet that goofy law has caused some pretty heated wars over the years! :>)

Later,

Allan

Some states have an "adverse possession" law. Mine does. The law says "if you make open, notorious use of land for 10 years you own it". Much of the land here is owned by speculators. Those who don't visit it for 10 years find they no longer own it. Like any law, there are some legal technicalities but that is the essence of it.

Ron

--->Paul

Good luck,
schultzy

I am a simple dirt farmer, no lawyer, so my advise is worth little. I believe if this were a million dollar item, the following would happen: Initially the courts would say the old woman owns it, give it back.

On appeal, the courts would rule some type of abandonment, it belongs to the fellow.

And now to you, so it"s yours to keep.

but, that would be thousands of dollars of litigation....

I would let things simmer down a bit, see if the lady will take the money that was involved, rather than the tractor.

If it looks like you have to, or will, give it back, I would take off the parts you improved. That is your sweat & equity & you worked in good faith. She is welcome to buy back those improvements; you are returning the basic tractor which you thought you owned in good faith. She is not entitled to your sweat. If it doesn"t have a carb, gas tank, tires, etc & whatever, it really did not have those things at the time you bought it either. She is not, in any way, entitled to a running tractor with new parts.

My opinion. Give the simmering down thing a good long try - she is in a tiff with the fellow, you are on the sidelines & try to stay there, out of the "game". Things can work out if you are a diplomat about it.

--->Paul

--->Paul

1) Hold on to that tractor for now. Keep it on your property under lock and key. If they come and collect it without a warrant, they are breaking the law.

2) Do you have a lawyer who handled your real estate transaction? If so, contact him for a free consultation...he will know your states real property laws and could give you some informal advice.

3) The woman's Bill of Sale means shinola. I still have the Bill of Sale for the first lawnmower I bought new years ago. I sold it for cash, no bill of sale was exchanged, I certainly did not think about giving the buyer one, but imagine if the guy resold it to someone else then I decided I wanted it back. Where is my proof of ownership? I think I would be SOL, and the old lady is too.

4) Don't put anymore work into the tractor for now, and keep receipts for anything you added if you can. You may need to establish in a small claims court that you have a vested interest; and if you improve the tractor any further the value of the property will increase. If your state laws vary depending on the value of the property, you may need to sneak the value under $1500.

5) Don't be surprised if you receive a summons for small claims court; and if the tractor somehow is taken from you, don't be afraid to file a small claims action...it costs very little and you have a good case for either outright ownership or at least some payment from the old lady for $ you invested.

BOTTOM LINE--DON'T ROLL OVER TIL YOU RECEIVE LEGAL NOTICE!!! You purchased the tractor in good faith.
In court, remember never to waiver from the idea that you honestly thought that mr. farmer was the rightful owner and that you knew this to be an honest deal due to your long term knowledge of the tractor.

1) You have a cancelled check showing you paid for it fair and square. If the guy you bought it from can prove he was the rightful owner, then it is yours to keep and give the old bag the middle finger. If the guy you bought it from can't prove he owned it, then TheRealRon is probably correct. If the old hag reports it stolen, you are now in possession of stolen property. It is likely you wont get in trouble but you will lose the tractor. Title/proof-of-ownership means everything.

2) Have a sit-down with the old hag and ask her what it will take for you to keep the tractor. Let her know how important it is to you. Basically, try to appeal to her sense of reason. If she has none, then tell her to come and get the tractor if can prove it is hers >>> make her show you the receipt/title/bill of sale. Charge her storage until she comes and gets it. AND make your barn to most expensive storage in town. Kick the guy's rear that sold it to you after he gives you all your money back PLUS what you have spent on replacement parts. I agree with the other post that you shouldn't assemble anything on the tractor if she wants it back.

Good luck. Post back after this is all done. Hope you get to keep it.

Sorry but it does not sound like keeping the tractor will be more touble than it is worth. Also do not re assemble it if disassembled, that is the jerks problem who sold it to ya.

Did you pay that guy with a check?

You "might" lose that tractor, but if you have a cancelled check, it 'taint you who is in trouble, it is the other guy if it was, in fact, she who really owned the greenbean.

I wouldn't get too excited about it. If anyone gives you any guff, produce that cancelled check. You bought and paid for it..... .(so far).

Allan

My guess is that the ol lady is a miser and could not care less about that tractor, but even though she will never use it, she doesnt want anyone else to enjoy it either.

If her estate later decides to sell it, I wouldn't buy it back then either...let the heirs squabble over it with the estate attorneys skimming off their "fair share" of any funds derived from the green iron.

If she had any brains, she would work it out with you two now as its far easier to split the loot than the tractor when she is gone....but some people are just unreasonable, and not worth fooling with.

I replaced one of the front tires. I reckon I could take it off, but the old rotted one is gone anyway. And I put in a new battery.

I still would take the tire off, keep the new battery, (throw in an old one), and if at all possible find an old carb to bolt on, and get it the heck out.

Set tight. You bought it in good faith and have invested a certain amount of money in the thing.

Let the others fight it out and if push comes right up next to shove, demand your original payment plus the cost of your improvements before you will relinquish the tractor back to anyone.

This whole mess is not your fault.

Talk to your lawyer in the meantime.

Allan

You need a lawyer, pronto. In my state you are in possession of stolen property, a felony. It matters not the circumstances. You cannot say "oh, gee whiz, I didn't know it was stolen!". If the owner reports it stolen and presses charges, you'll have real bad "juju"!

I agree advise here or any discussion forum is worth what you pay for it or less, from any of us. But sounds like he looking more to vent, than to get legal pointers.

--->Paul

If you have a "bill of sale" and there's no title then it's your tractor.

The lady could only collect from the guy that sold it to you. Hows she gonna do that with the tractors setting on "his" property, no bill of sale or title ? She's a done deal.

With a bill of sale your free of the deal unless a title can be proven.

T_Bone

When I bought it, I didn't think to get a bill of sale. I did pay with a check, and she now has a copy of that check, and seems satisfied that I paid the guy for the tractor.

The guy and his dad always farmed the woman's land and did mowing and maintenance. I think what happened is that after they stopped farming her land some years ago, the tractors fell into disuse, and the guy sorta figured that she didn't care about them. After his parents died and it was time to sell his farm, he decided to sell the tractors.

He sold me the JD at a rock bottom price, and I think that in any event, he would be happy to buy it back from me, even if it doesn't make its way to her.

One thing for sure. I'm not hauling it back. It just *barely* was able to fit on my trailer, and the load on my Chevy 1/2 ton truck was a bit much. They will have to come and get it with a rollback at their expense.

Well you just learned a lesson about getting a bill of sale on anything you buy more than $250. In most States anything that cost more than $250 is a felony only if you know it's stolen or wasn't his to begin with.

I would get a bill of sale from the guy, then check with the county attorney for his advice for your State.

From what you now said, your gonna loose the tractor unless she lets you keep it. I then would get another bill of sale from her. If she wants it back, depending on what the county attorney says, you will probably have to haul it back. I would say your not in a position to argue any point other than how much a$$ to kiss.

T_Bone