The Berks Barrister Summer 2017 - 8

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ABANDONED VEHICLE:

Do You Want it Removed or
Do You Want to Take Ownership of It?
By Magisterial District Judge Victor M. Frederick, IV

F

rom time to time an attorney may be asked by a client what
to do about an abandoned vehicle on their property, or how
to get title of an abandoned vehicle they wish to purchase.
This article should help answer those questions.

Wants Vehicle Removed
When a vehicle is abandoned on your client's private
property and they want it removed, there is a simple remedy for
them under Title 75. First, the vehicle meets the definition of an
abandoned vehicle under the title if "the vehicle has remained on
private property without the consent of the owner or person in control
of the property for more than 24 hours." If this is the case, they need
to contact the Police.
Title 75, § 7311.1, Reports by private property owners of
abandoned vehicles, states:
(a) Removal of abandoned vehicles.-(1) A person on whose private property is located a vehicle
which has remained on the property without the consent of
the property owner or his agent for more than 24 hours may
authorize the removal or processing of the vehicle.
(2) Prior to removal or processing of the vehicle, that person
shall file a report, on a multipart form prescribed by the
department, with the local police department declaring that
an unauthorized vehicle has been left unattended and on
private property for at least 24 hours. One part of such report
shall be retained by that person, and the other part shall be
filed with the police department.
(3) The police department shall, within five business
days, process the vehicle as abandoned under this chapter
and attach a copy of the report to the abandoned vehicle
information report.
Clients may report back to you that the Local or State Police
told them they do not get involved in abandoned vehicles on
private property. If that is the case, contact the police and direct
them to Title 75, § 7303.1, which outlines the specific duties of
police when such a vehicle is properly reported to them. This is
the proper procedure under the law when a vehicle is abandoned
on private property.
8 | Berks Barrister

Wants Title to the Vehicle
However, there are times when a client may want to keep
an old vehicle left behind on a property they recently purchased
or they may want to purchase a vehicle from a seller who does
not have clean title. There is a process for this as well called,
"Involuntary Transfer of Ownership of a Vehicle by Court
Order." The Pennsylvania Department of Transportation
publishes a Fact Sheet on the topic for the public to follow.
a. File Petition
First, a person attempting to obtain ownership of a vehicle
must commence a proceeding with a court of competent
jurisdiction setting forth the facts and circumstances of the case.
The ownership of the vehicle will be determined by the court. This
can be done at the Court of Common Pleas, but it can also be
done at a Magisterial District Court.
b. Provide Notice
Next, a person attempting to be declared owner of a vehicle
by court order must notify all persons with an interest in the
vehicle of the pendency of the court proceeding. The notification
must be sent by certified mail, return receipt requested, and must
include the following:
(1) A specific description of the vehicle (i.e., year, make,
model and VIN);
(2) The court of competent jurisdiction where an action will
be or has been filed; and
(3) The time, date and place of any court proceeding.
At a minimum, the notice must be sent to the person(s) to
whom the vehicle is presently titled and registered and every
lienholder that is listed on the title record. If a person attempting
to be declared owner of a vehicle is unaware of any person with an
interest in the vehicle, the person attempting to obtain ownership
of the vehicle may obtain a certified copy of the vehicle's
computer record by completing form DL-135 (request for vehicle
information), and submitting it to PennDOT along with the
appropriate fees.
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The Berks Barrister Summer 2017

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