Classic Mustang reappears 40 years after it was stolen

[Lord Flathead]

Stolen Mustang recovered 40 years after being stolen. To be returned to the owner if the insurance company had not paid out. Sadly for the poor guy that just restored it, it looks like a gamble as to whether he will get any of his invested money back again. The original owner not that worried about getting it back again claiming that the car might be uncomfotable compared to modern cars.. if she could get hold of it she'd have enought budget to buy just about anything

Full story here

[thegman]

Hmm. Not sure I would have told anybody if I found that out.

[Gregor Marshall]

Interesting story though - I'm sure the law in the UK is different, in as much as if no-one claims title within a 25 year period then it belongs to you but I could be wrong.

[Pat H]

Gregor Marshall said:

I'm sure the law in the UK is different, in as much as if no-one claims title within a 25 year period then it belongs to you but I could be wrong.

You are wrong.

If it is stolen, then it remains stolen, until it is returned to its rightful owner, be it the original victim of the theft, or the insurance company if a claim was settled.

If you innocently buy stolen property, then it is tough luck. The property goes back to its owner and you seek legal redress from the person you bought it from.

It doesn't matter if it has been in your possession for a hundred years.

[Gregor Marshall]

If something is stolen then possibly but otherwise I don't think so.

[4rephill]

Gregor Marshall said:

If something is stolen then possibly but otherwise I don't think so.

But the whole point of the article is that the car was stolen, so it's pointless saying that in other circumstances the car could become someone elses property because it's of no relevance to the situation described.

As for other circumstances where a car is not stolen (abandoned for example), you're wrong again. Under UK law what you can do is apply to become the registered keeper of the vehicle in question.

What will then happen is that the DVLA will attempt to contact the previous registered keeper to see if they have any issues with a change to the registered keepers details. If they do not receive a response within a certain period then they will issue A V5 in your name.

NOTE: THIS DOES NOT MAKE YOU THE LEGAL OWNER OF THE VEHICLE THOUGH, MERELY THE LEGAL REGISTERED KEEPER.

Should the legal owner come forward requesting the return of their car, then as long as they have undeniable proof of ownership, you must return the car to them and any money you have spent on repairs/servicing/restoration etc., will be lost.

The vehicle never becomes your property, no matter how long it's been in your possession and no matter how much money you have spent on it or how much work you have done to it unless you have acquired the legal title of ownership to it (which is different to being the registered keeper).

It's exactly the same if you lease a car for a number of years. The V5 states that you are the registered keeper and you pay for all the servicing and repairs on the car but you're never the legal owner, the lease company is.

[Pat H]

Maybe Gregor is thinking about the old common law right of adverse possession, whereby you could claim ownership of land that you had occupied for more than 12 years?

With the spread of registered land and the influence of European law, I believe that the old doctrine of adverse possession is pretty much extinct.

In any event, it only applied to land and not to chattels.

[Gregor Marshall]

4rephill said:

But the whole point of the article is that the car was stolen, so it's pointless saying that in other circumstances the car could become someone elses property because it's of no relevance to the situation described.

As for other circumstances where a car is not stolen (abandoned for example), you're wrong again. Under UK law what you can do is apply to become the registered keeper of the vehicle in question.

What will then happen is that the DVLA will attempt to contact the previous registered keeper to see if they have any issues with a change to the registered keepers details. If they do not receive a response within a certain period then they will issue A V5 in your name.

NOTE: THIS DOES NOT MAKE YOU THE LEGAL OWNER OF THE VEHICLE THOUGH, MERELY THE LEGAL REGISTERED KEEPER.

Should the legal owner come forward requesting the return of their car, then as long as they have undeniable proof of ownership, you must return the car to them and any money you have spent on repairs/servicing/restoration etc., will be lost.

The vehicle never becomes your property, no matter how long it's been in your possession and no matter how much money you have spent on it or how much work you have done to it unless you have acquired the legal title of ownership to it (which is different to being the registered keeper).

It's exactly the same if you lease a car for a number of years. The V5 states that you are the registered keeper and you pay for all the servicing and repairs on the car but you're never the legal owner, the lease company is.

Sorry, but completely disagree with you - in you're own words you're wrong!! If an item is unclaimed for a set period of time and no-one claims it then legally it becomes yours.

Your example of the DVLA - please explain the difference between the legal owner and the legal registered keeper? What happens in the example of a car with no V5 (a prototype or a race car)?

I agree if an item is stolen then that is a different scenario entirely, was a passing comment on what I thought was an interesting and sad story, wish I hadn't bothered now FFS!!

[Pat H]

Gregor Marshall said:

4rephill said:

Stuff

Sorry, but completely disagree with you - in you're own words you're wrong!! If an item is unclaimed for a set period of time and no-one claims it then legally it becomes yours.

Your example of the DVLA - please explain the difference between the legal owner and the legal registered keeper?

I agree if an item is stolen then that is a different scenario entirely, was a passing comment on what I thought was an interesting and sad story, wish I hadn't bothered now FFS!!

Chill out, Gregor.

No one is having a go at you, just trying to put you right.

The registered keeper of a car is no more and no less than a name on a V5. It implies responsibility for the vehicle and is the first port of call of the police or the DVLA if the vehicle is untaxed, uninsured or involved in a traffic offence.

It is not indicative of ownership or any right of possession.

For example. If you lease a car, then it always remains the property of the leasing company. These days, however, the car will usually be registered to the person who is hiring it.

If you happened to find my Lotus Esprit abandoned on a back street in Wigan, then you can claim it as your own, in just the same way as if you found a five pound note.

But if I come knocking on your door in ten years time and can demonstrate that the Lotus belongs to me, then you will have to give it back, even if in the meantime you have obtained a V5 in your own name.

Anyway, don't give me that nonsense about wishing you hadn't bothered. It is an interesting little point that is worth discussing.

That's one of the things that is great about this place. It is a virtual reality pub, and we are having a chat over a beer.

Now have another pint.