Re: How do you tranfer ownership?

Posted by John T (Country Lawyer) on July 27, 2006 at 06:55:35 from (66.244.90.5):

In Reply to: How do you tranfer ownership? posted by Mike CA on July 26, 2006 at 18:07:27:

Mike, In most jurisdictions Im familiar with (I only practice law in Indiana) you can legally transfer private property by intent and/or action i.e if one intends to transfer ownership of personal property to another, he might declare the same by saying something like "take it, its yours" or "its sold to you" etc etc and then manifest the same by allowing its removal and subsequent peaceful possession by the buyer. An advanatge of a writing such as a Bill of Sale (versus unwitnessed verbal declarations which are still valid) is that it provides admissible evidence to help resolve conflicts such as he said she said etc. If theres a dispute as to ownership and possession or terms of sale etc an admissible writing can sure save the day!!!!!!!!!!!

Nowwwwwwwwww as far as evidence and your protection and the states requirements for documenting legal possession and any licensing or registration issues, that depends on the states statutes. That being said, good evidence of ownership and for your protection, a standard Bill of Sale is probably the best place to start for evidencing ownership of untitled personal property. It should have at a minimum a description of the property including any serial numbers or frame numbers or lengths or number of axles etc etc,,,,,,a sales price, the date and signature of the seller etc. If the trailer already has a states certificate of title (its a titled vehicle) they usually have a place to enter such information such as the price and buyer etc.

In Indiana if you buy an untitled trailer and want to license it for road use, you take a Bill of Sale along with a Police Officers inspection report (includes any frame numbers or other stanped ID) to the license branch with a photo. If it has no frame numbers they may assign a number for you to stamp to the frame. Then you can be issued a Certificate of Title and a license etc and then you have a method to more easily transfer title to future owners.

BOTTOM LINE If its a previously untitled or home made trailer get a Bill of Sale and then take possession of it off the sellers property and then follow your states requirements for licensing and title etc.

POSSESSION IS NINE TENTHS OF THE LAW is a good old proverb concerning private property. I enjoyed the lesson wayyyyyy back in law school of how if you stole something and are now a peaceful possessor (i.e. no ones chasing you down trying to get it back lol) no one else has the right to take it from you just cuz you stole it yourself. Your right of title and claim of ownership (youre the current peaceful possessor) is superior to all in the world EXCEPT FOR the lawful owner. Its no defense in court for the thief to claim its not his he stole it, youre still the current peaceful possessor and ONLY the lawful owner has a claim superior to yours.

TRESSPASS is an unlawful interference with one's person, property, or rights. If you enter the lands of another you are technically tresspassing. There are certain Notice Requirements that come into play as far as penalties are concerned which is how n why the posting signs (NO Tresspassing) better protect the land owner. The notice negates the tresspassers claim of "he wasnt aware this was private land" if intent were an element of a trespass offense. I believe in Indiana if the property is posted it increases the penalties available to the land owner, but I cant guarantee that I havent checked the statute in years.

Get a signed Bill of sale,,,,,,,check with the BMV as far as their requirements which likely includes a police check,,,,,,,,take possession of the property from the owner to yourself.

Best wishes n God Bless

John T Retired Electrical Engineer and Country Lawyer

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