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If an item that does not belong to you sits on your property for over 60 days, does the item become yours?

Portland, OR |

My boss passed away and I have had his ice cream truck sitting in the driveway of the property I rent since January. I would like to keep the truck and make a legitimate business out of it(as was intended before he passed), but the lawyers that are handling his assets will not answer any of my questions. I'm mostly afraid that they will come and wrongfully take the truck from me.

the problem is that there aren't any papers for the truck; so we don't know exactly who owns it. Does this change the answer at all? All we know is that my boss paid for the truck and was fixing it up for about a year before he passed.

Attorney Answers 3


  1. Best answer

    No, it doesn't automatically become yours after 60 days. Which means that, if someone acting on behalf of the estate comes and takes the truck, it's not necessarily wrongful at all.

    If you had any actual claim to the truck, then you ought to contact a probate attorney to negotiate with the executor of the estate and secure your claim. But unless you actually have some reason to think it's yours besides 'it's been on my property' and 'we don't know for sure who owns it,' then it's a non-starter.

    Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  2. No, it doesn't. The truck belongs to your boss' estate (or his business, if he had one)......not you.

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