Can I consider the vehicles left in my yard abandoned in Arizona?
We bought a house in December our possession date was Dec. 18th (bought from some friends) we give them an extra. Month so till January 18th to have their things moved out, they moved everything out of the house but left a bunch of vehicles and a camper in the yard and it is now 5 months since our possession date and they have been contacted several times to get their vehicles but haven't so now do these vehicles legally become ours? Actually, in Alberta.05/19/2017 | Category: Abandoned Pr... » Vehicles | State: Arizona | #37453
Relevant statutes in this regard are given below:
A.R.S. § 28-4801
In this chapter, unless the context otherwise requires:
1. "Abandoned vehicle" means a vehicle, trailer or semitrailer that is of a type subject to registration under this title whether lost, stolen, abandoned or otherwise unclaimed and that has been abandoned on a public highway, public property or elsewhere in this state, including private property. Evidence that a vehicle was left unattended for a period of forty-eight hours within the right-of-way of any highway, road, street or other public thoroughfare or for a period of seventy-two hours on public or private property or elsewhere in this state is prima facie evidence of abandonment.
2. "Officer" means any police officer or other law enforcement officer.
3. "Vehicle registration agency" means the agency or department of any state that has charge of the records of motor vehicle registration in that state.
A.R.S. § 28-4834
A. An officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed may remove or cause the removal of the vehicle from any street or highway or on any other public, federal, state trust, national forest, state park or bureau of land management land or private property.
B. In counties with a population of less than one million five hundred thousand persons, before an officer removes or causes the removal of a vehicle that is abandoned as provided in section 28-4839 from the person in possession of the vehicle, the owner or lienholder of the vehicle or any other person who has an interest in the vehicle shall pay the person on whose property the vehicle was discovered an amount that does not exceed five dollars for each day of storage up to a maximum of five hundred dollars for the storage of the vehicle and the fee for processing an abandoned vehicle report as prescribed by section 28-4802 if the person on whose property the vehicle was discovered does both of the following:
1. Notifies a law enforcement agency by telephone in the jurisdiction where the vehicle was discovered of the presence of the vehicle on the person's property within forty-eight hours after the property owner discovered the vehicle.
2. Gives notice of abandonment of the vehicle in the manner prescribed by law.
C. This section does not require a law enforcement agency to pay any charges related to a vehicle that a law enforcement agency is required or otherwise authorized by law to impound or remove.
D. If a person removes or causes the removal of an abandoned vehicle from private property, the person shall both:
1. Obtain written authorization from the owner or lessee of the property on a form prescribed by the director.
2. Submit the form and the vehicle identification form to the department.
E. An officer who is employed by a public agency or political subdivision and who has removed an abandoned vehicle pursuant to this section or who has removed or caused to be removed a vehicle pursuant to section 28-872 shall inspect the vehicle and shall complete the vehicle identification form prescribed or approved by the director. The agency or political subdivision shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.
F. A person who has removed or caused to be removed an abandoned vehicle from public land pursuant to section 28-4802 or private property shall have the vehicle inspected by an officer or agent of the department who shall complete the vehicle identification form prescribed by the director. The officer or agent designated by the director shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.
A.R.S. § 28-4839
Report; vehicle abandoned in storage; violation; classification; disposition
A. A vehicle that is left in a public garage or parking lot for storage or parking more than ten days, that has not been left under a written contract of storage and that has not during that period been removed by the person leaving it is an abandoned vehicle. The party in possession of such a vehicle shall:
1. Report the vehicle on forms prescribed by the director of the department of transportation.
2. Submit the report to the director of the department of transportation.
3. Submit a copy of the report to the director of the department of public safety.
B. Except if the vehicle inspection prescribed in section 28-4834 is not completed within the prescribed time period due to no fault of the person, a person who fails to make the report to the director of the department of transportation and the director of the department of public safety at the end of five days after the ten day period forfeits all claims for storage of the vehicle and is guilty of a class 2 misdemeanor.
C. A vehicle that is abandoned by being left in a public garage or parking lot as provided by this section shall be disposed of pursuant to sections 28-4841 and 28-4842.
A.R.S. § 28-4842
Unclaimed vehicle; transfer of ownership; immunity
A. If a vehicle remains unclaimed at the expiration of the dates prescribed in section 28-4841, subsections B and C, the director shall make an inquiry to determine if the vehicle is a stolen vehicle. On receiving notice that the vehicle has not been reported stolen, the director may transfer ownership of the vehicle free and clear of all liens or encumbrances on compliance with this chapter to the person in possession of the vehicle.
B. An application for transfer of ownership shall be signed by the applicant or authorized agent of the applicant and shall contain a certified statement that includes the following:
1. As of the date of application, no person has presented proof of ownership or proof of interest in the vehicle and entered into an agreement for the release or return of the vehicle.
2. The applicant is currently in possession of the vehicle.
C. This state and its agencies, employees and agents are not liable for relying in good faith on the contents of the abandoned vehicle report or affidavits as prescribed by this chapter.
D. A person in possession of a vehicle is not liable for obtaining a transfer of ownership of an abandoned vehicle if the person in possession of the vehicle complies with this chapter.