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View Full Version : Weird Property Situation - Stuck in the Middle!!


tasnam
03-08-2007, 08:31 PM
This is my first ever post, so if I am posting this in the wrong thread I apologize ahead of time.

Also I did a search but really could pinpoint my answer to my situation.


Big Picture Situation Overview then more details follow:

Owner/Seller #1 Peter
Owner/Seller #2 Tom(Me)
Owner #3 Bob


I bought a camp on a lake in state of Maine, the seller#1 left property (boat w/motor, furniture) onsite. 3-1/2 years later I sold the camp to a new owner#3. Original owner#1 stopped by and took boat/motor off premises from current owner#3. Current owner#3 has threatened to sue me#2 if I don’t get him the boat back from original owner#1 or pay him compensation.


Now some details:

Bought camp in Nov 2002, (boat was NOT part of the deal, but owner left it on property along with furniture against my wishes).
The day of the closing at the closing table, I had the seller#1 sign a document saying that if he did not remove the boat and motor by March 1st 2003 “He must remove it by 3/1/2003 or I was not responsible for what happens to it.”
(I failed to say in the doc that it became my property. My fault, but at least I still have some sort of a signed document in my possession)

(FWIW - I have pictures of the boat on the land, out of the water and pictures of the furniture left on sight)
The furniture I threw out after seven months, but I kept the boat – I did not register it.
I figured someday I would clean it up and use it.

I Sold the Camp in Oct 2005, the deal DID include the boat as part of the sale.

July 6, 2006 Original owner #1 shows up one day and starts to take boat off the property claiming it was his. Current owner’s #3 wife objects but is alone doesn’t know what to say or do so lets him take it, no police are called.

March 1, 2007 Current owner#3 sends certified letter from his attorney stating in effect:
Since I did not own the boat at the time of sale, I misrepresented the property and I had no right to sell it as part of the real estate contract. And either I recover boat or pay $4,100 (based on an suppossed appraisal from a boat dealer) and I have ten days to respond before legal action.

Called Original owner#1 and explained situation and they say they have registered the boat every year all along and is theirs. This has been verified.

The boat/Motor is absolutely NOT worth $4,100 – Maybe $800-$1,400 at most.

Owner #3 IS some sort of an attorney, this is true but what field of law I do not know.


Questions for State of Maine:
#1 Did it ever become abandoned and mine?
#2 Did Owner#1 take it back by theft?
#3 Since it was registered each year does that grant the current owner#1 automatic rights to take it back?
#4 Since it is a Motorized item does that change the status / time limits / or method of changing hands compared to a couch?


Stuck in the middle,:confused:
Tom

Troubleshooter
03-20-2007, 11:09 PM
Was the boat titled?

Some states title all boats.
Some states title only boats worth more than a certain amount.
Some states title only motorboats.

I used to own a boat. But because it was worth less than $500 new, it had no title.

If the boat had a title. it never changed hands. You would have had to file an abandoned-property claim in court to own it.

If that kind of boat is not titled, it was probably abandoned property. But again, it would probably have had to go to court to become your boat.

tasnam
03-21-2007, 03:31 AM
I had to go to an attorney and he said I did not have possesion.

Since it was over $500 i would have had to file a cliam giving that state first option to take it. This would be AFter i wrote the owner and gave his notice that i was going to take possition if he didn't remove it.

I did neither - my loss, i have to settle.

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