Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Someone's tractor has been on our property years

Customer Question
Someone's tractor has been on...
Someone's tractor has been on our property for seven years I've put repairs into the tractor and now there wanting to get the tractor back there no title no proof they own the tractor. so who's property is it?
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
6/27/2015
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
When you say that there is no title, do you mean:
1) The tractor is simply not titled and Kansas does not require it to be; or
2) There is a title but you do not know whose name is ***** *****; AND
3) How did the tractor get there in the first place?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Legal Question
Customer reply replied 2 years ago
The tractor is very old, grandfather passed away around 10 years ago. 2nd wife has since passed. Tractor ended up on my property 7+ years ago. There are no titles that anyone is aware of. Now the step daughter of the 2nd wife is trying to take the tractor off of my property with out my permission. Does she have that right to come and get it? There is no paperwork stating who the tractor belongs to. I have put money into the tractor to fix it and have told them to come get it but no-one has wanted to get it until now.
Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you.
So it was your grandfather's, correct?
He was married to his second wife who also passed, correct?
And for nether, probate was filed, correct?
Ask Your Own Legal Question
Customer reply replied 2 years ago
Correct and correct but there was never probate.
Lawyer: Ely, Counselor at Law replied 2 years ago
Right.
Well, this is why probate needs to be filed when someone passes away. Aside from the fact that the probate helps give access to bank accounts and property in the deceased's name and distribute it, it also distributes non-titled property as the tractor.
Assuming neither had wills, the tractor would have gone to whoever is entitled to it per the default state laws here (scroll down to WHO GETS WHAT) and then first apply that to the grandfather, and then to his second wife if she would have gotten the tractor.
NOW, because probate was not filed, the above does not (yet) apply. Technically, one can simply state "this non-titled chattel (item) has been on my land for years and I am claiming possession of it. Period."
There is not much anyone else can do, except, the second step-daughter would have to file at least one probate (perhaps two) to "trace" the tractor back to her. This would mean a lot of work and legal fees to do so. Unless she does this, she cannot claim the tractor, arguably.
NOTE that if the tractor has a title to it, then someone in your situation may wish to pursue an abandoned title to "solidify" one's claim to it.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
103,582 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,582 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have questions regarding a title company and their
I have questions regarding a title company and their negligence leading to a breach in server they admitted to causing closing funds to go to the wrong account. … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,848 satisfied customers
My brother passed away and left all of his possessions to my
Hi, my brother passed away and left all of his possessions to my two sons, including his vehicle which is paid for. The state claims he owes 12,000 for his care before he passed. My uncle was named ex… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If two beneficiaries in a private will changes the title on
If two beneficiaries in a private will changes the title on property designated to be sold with the profits split without the consent of the other beneficiary is that legal? … read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
I was arrested in Texas on the charge of possession of
Hi. I was arrested in Texas on the charge of possession of marijuana under 2 oz. Though i have a clean record with only one traffic ticket, I an still worried about the stringent enforcement of drug l… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,236 satisfied customers
I have been charged with unlawful possession of a weapon and
I have been charged with unlawful possession of a weapon and gave my lawyer $5,000 to defend me.At arraignment I had to sign not to possess any firearm or go to jail. Why did I lose a right that I wou… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
If a car title is in one person's name and another person
If a car title is in one person's name and another person takes that title sells the car Warrior sets the car fire what would happen to them or what could be done in that situation… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
Does a seller have to "remove, by the date possession is
Does a seller have to "remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property" if the propert… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
I have a order for possession on Monday is there anything I
I have a order for possession on Monday is there anything I can do I need more time to find a place I have a disabled son plus 3 other boys I am desperate please let me know … read more
Bill Attorney
Bill Attorney
law
2,457 satisfied customers
My exboyfriend gave a motorcycle to settled a debt the title
My exboyfriend gave a motorcycle to settled a debt the title had both our names on and did not informed me abouti it … read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
My boyfriend was arrested for drug possession in 2016. First
My boyfriend was arrested for drug possession in 2016. First time offense. He did not have a valid drivers license at the time of arrest due to being sued in 2009 (car accident) and in 2011 his licens… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
549 satisfied customers
When will a quitcalim deed in Texas rollover to a title, or
When will a quitcalim deed in Texas rollover to a title, or warranty deed I was told 25 years. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What does an undisposed case of possession of drugs in Ohio
what does an undisposed case of possession of drugs in Ohio mean on a person's record? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
549 satisfied customers
Is adverse possession transgerable from one owner to another
Is adverse possession transgerable from one owner to another to accumulate the required 21 years? … read more
Lori
Lori
Juris Doctor
1,587 satisfied customers
I am attempting to make a claim of adverse possession on a
I am attempting to make a claim of adverse possession on a piece of property that has been inside a fence of my yard since prior to the purchase of my house in 2003. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
968 satisfied customers
My car was burglarized while not in my possession (it was at
My car was burglarized while not in my possession (it was at a car dealer lot) in Oklahoma City. The car is titled in the state of Texas and has Texas tags. I am not the owner of the items that were s… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Auto title question: I'm buying a used car, the title is in
auto title question: I'm buying a used car, the title is in the seller's alias name, the seller's son is signing as POA, the POA is for the seller's legal name. Will DMV accept this POA?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,853 satisfied customers
If I am in possession of the title to my car, am I
If I am in possession of the title to my car, am I considered the legal owner? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
I have a quick question - I am in possession of a title for
hello, I have a quick question - I am in possession of a title for a 1977 Peter Belt truck that my husband bought but was leasing to our driver. We are listed as the first Lienholder in the state of N… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x