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Farmall & IHC Tractors Discussion Forum
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How do you tranfer ownership?

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Mike CA

07-26-2006 18:07:27




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When you are buying a tractor thats sitting in a field, how do you leagally transfer custody?




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John T (Country Lawyer)

07-27-2006 06:55:35




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 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!!!!! !!!!!

Nowwwww wwww 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 wayyyyy 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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Andy Martin

07-27-2006 06:02:35




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:07:27  
A LOT of answers to anything but your question. In the US tractors are no different than other items without registration.

For a large amount of money, a bill of sale is fine. For an old Farmall, I just write the serial number on the memo field of my check, or if there is no serial number I write "old M" or whatever else is appropriate. It takes no time and is not offensive to anyone. If someone takes you to court you have your check with the sellers name (maybe not the owner, but how do you know?) description and amount. If the seller wants cash only I want another tractor or a bill of sale. I've probably bought 50 tractors and never had a problem although I had one heir get mad at his dad. When I offered to sell it to him for the same price with no charge for hauling his tone changed, seems all he wanted was his dad's money. If he really wanted his dad's tractor I would have made sure he got it. It turns out he thought it would bring more as junk and was mad over maybe $100.

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Hugh MacKay

07-27-2006 04:13:57




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:07:27  
Mike: I find this whole thread quite interesting, as I grew up and farmed in a jurisdiction that had DOT registrations for farm tractors. Their argument was, if your going to take it down a public roadway, we want to know who it belongs to.

This was in Nova Scotia, Canada. In the early days it was an annual registration, we cursed the very being of that registration. Then they changed it to "no expiry", and from that day it was just a transfer whenever a tractor changed hands. I will admit the no expiry was a big improvment and quite easy to live with. We still called it a nuisance, however one knew exactly who the owner was when buying a tractor. If he couldn't produce a registration cretificate, you didn't touch it.

I always though this system was rather cumbersome, however we had very few incidents of stolen farm, forestry and construction equipment. I know one can insure against this, however with insurance the victim still pays. I find it unbelieveable the numbers of stolen equipment one hears about just by word of mouth, here in southern Ontario.

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Janicholson

07-26-2006 20:42:19




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:07:27  
Yugrotcart, and CNKS are on target. THere are no titles (in the US) so, as they indicated, print up a nice bill of sale with two copies and a place for two signatures, a date, and the serial # and model/year. Include any equipment, and any limitations. (such as "sold as is, buyer assumes all responsibility for accepting the described equipment") or ("guaranteed for 90 days to not use a drop of oil or leak any, or have a tire go flat") Just kidding on that last one LOL. Conditions of sale should be stated, including time to remove, move, deliver etc. What is included, and what is not, and method of payment etc. I would also take a picture of the seller and self in front of the unit grinning. Good luck, JimN

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worldsworstfarmer

07-26-2006 18:58:33




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:07:27  
To Mike CA, Many farmers like to hunt perdators at night. Also use night vision (or spotlight with red lens), and are out at 3 am. A .224 Sierra Matchking hollowpoint boat tail, with 25.3 grains of Alliant Reloader 15 powder, shot out of a .223 Remington, arrives downrange at 2750 Feet per second and delivers 1158 foot pounds of energy. There are much less dangerous ways to scout for tractors!

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Mike CA

07-26-2006 21:45:43




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 Re: How do you tranfer ownership? in reply to worldsworstfarmer, 07-26-2006 18:58:33  
It was a joke.



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worldsworstfarmer

07-27-2006 04:39:16




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 21:45:43  
I knew you were joking, so was I



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Nebraska Cowman

07-26-2006 18:33:59




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:07:27  
if there is any doubt who currenty owns the tractor I'd stay far far away. You don't want someone showing up after you done a lot of work on it claiming it is theirs.



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Allan In NE

07-26-2006 18:22:52




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:07:27  
The first thing is to be very careful that the farmer doesn't break your nose from trespassing on his property.

Farmers are kinda funny about that sort of thing.

Allan



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Wardner

07-26-2006 22:36:37




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 Re: How do you tranfer ownership? in reply to Allan In NE, 07-26-2006 18:22:52  
A trespass only involves crossing onto another's property when it is posted or the owner or his representative has verbally asked you to stay out. You would need a witness in that case. You could also send a letter with a return receipt. This legal concept goes all the way back to the Magna Carta.

Basically, I can walk on anyone's property and enter, without force, his out-buildings without legal consequence if there has been no notification. I believe this is a 50 state custom. Breaking and entering, stealing, malicious damage, and peeping toms are illegal, of course.

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IH2444

07-27-2006 06:49:31




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 Re: How do you tranfer ownership? in reply to Wardner, 07-26-2006 22:36:37  
Criminal tresspass is different from simple tresspass.
In KY permission from landowner is required to hunt on private property and if you post no tresspass signs every so many feet on property lines any person on property without permission is guilty of tresspassing.



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Doug in IL

07-27-2006 05:36:49




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 Re: How do you tranfer ownership? in reply to Wardner, 07-26-2006 22:36:37  
That does not apply in Illinois. Only one sign needs to be posted at the owner's designated, commonly used, entrance to the property. Doesn't matter if it is 1 acre or 600. Written permission is required to trespass. In the case of hunting, the owner's permission is even required to pursue wounded game. I think this reflects the fact that 99% of the property in Illinois privately owned. So, basically, if you aren't on your own property, you are trespassing on someone else's. There are some exceptions in the case of some emergencies. The burden falls on the trespasser to know whose property he is on. And if you are caught in someone's buildings, that can bring on a whole new set of legal problems.

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John M

07-27-2006 03:45:33




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 Re: How do you tranfer ownership? in reply to Wardner, 07-26-2006 22:36:37  
In SC, if you cross a property line and go onto property that isnt yours, then your trespassing. IF you came here,and did that, and got caught, then the owner can press charges.There are circumstances however that are allowed,such as a tree faling and youre cleaning it up,and such as that. But me,if you come on to my property and go through my building, youll most likely get shot at!Posted or not!

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Mike CA

07-26-2006 18:28:14




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 Re: How do you tranfer ownership? in reply to Allan In NE, 07-26-2006 18:22:52  
Thats why I use night vision and sneak in at 3am!



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old

07-26-2006 20:45:27




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:28:14  
You lucky you don't live in Texas they have a law there that say if your shot on some ones place after dark its legal. Never go on someones land with out going to the house first your looking for a law suit FAST



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Wardner

07-27-2006 11:19:41




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 Re: How do you tranfer ownership? in reply to old, 07-26-2006 20:45:27  
The following is from Wiapedia:

In law, trespass can be:

1. the criminal act of going into somebody else's land or property without permission of the owner or lessee; 2. it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit - see trespass to land.

In some jurisdictions trespassing is an offense or misdemeanor covered by a criminal code. In other jurisdictions, it is not considered a crime or penal in nature, property is protected from trespass under civil law and privacy acts. In England and Wales, despite the prevalence of notices asserting that "trespassers will be prosecuted", unless the trespass is aggravated in some way, it will only be a civil wrong.

Although criminal and civil trespass laws vary from jurisdiction to jurisdiction, most have the following facets in common:

* Property owners and their agents (for example, security guards) may only use reasonable force to protect their property. For example, setting booby traps on a property to hurt trespassers or shooting at trespassers are usually strictly forbidden except in extreme circumstances. A notable exception is the U.S. state of Texas, where it is legal to use deadly force against trespassers after dark (Penal Code § 9.42). * Not all persons seeking access to property are trespassers. The law recognizes the rights of persons given express permission to be on the property ("licensees") and persons who have a legal right to be on the property ("invitees") not to be treated as trespassers. For example, a meter reader on the property to read the meter is an invitee, as would be a door-to-door salesman or missionary (a Jehovah's Witness or Mormon for example), or a police officer seeking to execute a warrant. * Most jurisdictions do not allow "self-help" to remove trespassers. The usual procedure is to ask the trespassing person to leave, then to call law enforcement officials if they do not. As long as the trespasser is not posing an immediate threat, they cannot be removed by force. It is usually illegal to arrest a trespasser and hold them on the property until law enforcement arrives as this defeats the purpose of allowing them to cure the trespass by leaving. * Marking property as private property can be done in a variety of ways. The most obvious way is to put up a sign saying "No Trespassing" or "Private Property". However, a continuous fence has the same effect in most places. Many jurisdictions allow the use of markers when fencing would be impractical or expensive. For example, Ontario, Canada allows the use of red paint on landmarks such as trees to mark the boundaries of private property. * Property owners may allow some trespasses while excluding others. For example a sign saying just "No Hunting" could conceivably allow hiking, snowmobiling, or bird-watching, but would give notice to hunters that they would be trespassing if they entered onto the property. * Trespass is not limited to human beings. For example, the owner of cattle or dogs may be responsible for an animal's trespass in some jurisdictions.

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Mike CA

07-26-2006 21:44:45




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 Re: How do you tranfer ownership? in reply to old, 07-26-2006 20:45:27  
I don't, of course



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old

07-26-2006 21:48:59




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 21:44:45  
True but you should respect others people property. I know you want a tractor but there is the right way and the wrong way to look for them. Please ues the right way for the sake of all the other people that also look for old tractors and don't give use a bad name doing it the wrong way, Please



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Mike CA

07-26-2006 23:38:43




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 Re: How do you tranfer ownership? in reply to old, 07-26-2006 21:48:59  
Ok, this is getting ridiculous. Allan made a comment out of nowhere about a farmer breaking my nose for trespassing, so I made a joke about it. Where he came up with the premise in the first place, I don't know. If it had anything to do with my other thread about the M I found, I walked out with the owner's son to look at it.

I don't tresspass to look at tractors. So before anyone else jumps to that conclusion based on an off-handed remark, lets just get that straight and drop it.

sheesh

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SuperHank

07-27-2006 12:04:17




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 23:38:43  
Where do these guys come from. You did not suggest trespass much less stealing a tractor. It was totally clear you were making the statement very tongue in cheek. If you have any interest at all in old tractors you have seen them at rest. I have a couple and I have even had people stop and ask about them. I took no offense an in fact I like people who are interested in that kind of recycling. If someone is that secretive they ought to store the tracor out of sight. If someone tries to break your nose for merely asking, in Georgia at least, they might get it in return and arrested for battery for their trouble. I"d keep that fighting stuff to myself.

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Allan In NE

07-27-2006 05:09:08




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 23:38:43  
Mike,

That isn't what you said. You stated that you "found" two old tractors out setting in a field that you drive by every day.

I just wanted you to be aware of the fact that most folks don't take kindly to others nosin' around uninvited.

I know we live in two different worlds, but out here, if an item is setting in a field without a "FOR SALE" sign on it, then it just plain isn't for sale and don't even ask.

Allan

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Yugrotcart

07-26-2006 18:10:40




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:07:27  
Just get the seller to give you a bill of sale, serial number, price paid, your name and address and his.



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CNKS

07-26-2006 18:10:25




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 Re: How do you tranfer ownership? in reply to Mike CA, 07-26-2006 18:07:27  
Tractors are not registered. You just pay the guy. If you want to get absolutely legal, I guess you could ask for a receipt.



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