Asked by the Customer on 31-05-2014 09:25:14
Question posted in the General Law category relating to Gauteng
Question posted in the General Law category relating to Gauteng
2 years back I asked a family member if I can leave a 8 ton truck on his small farm. Now without any arrangements or contract between us, he wants R19000 from me for storage money. He doesn't want to release the truck until I pay him. What are my rights, and his rights in this case please.
Message from the Attorney
Posted by Att. Patrick on 31-05-2014 18:25:31
Hi there and thank you for your question,
First, there is no way that your family member can claim ownership of the truck, unless there was a specific agreement that your family member would become the owner of the truck if some event happened. So, you are definitely still the owner of the truck.
Second, you need to look at the terms of the original oral agreement. Part of the agreement was obviously that you could park the truck on his small farm. Part of the agreement was obviously that he would do his best to protect his farm, which includes the truck. Finally part of the agreement must have been that you could fetch the truck whenever you needed it.
Clearly there was NO agreement that you would need to pay him storage charges for the space where the truck is parked.
The law is that one party can't change the terms of an agreement without the consent of the other party. Both parties need to agree on the original terms, and both parties need to agree if any terms are to be changed.
So, the truck is yours, and you are entitled to collect it, and he can't charge you rental.
What you can do is to:
a) go to the police and lay a charge of theft against him. Ask the police to assist you in collecting the vehicle from the farm; OR
b) you can get an attorney involved to write your family member a legal letter demanding that he returns the truck to you, failing which you will go to the Magistrates Court and sue him for the return of the truck. (Delivery of a specified movable)
I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
First, there is no way that your family member can claim ownership of the truck, unless there was a specific agreement that your family member would become the owner of the truck if some event happened. So, you are definitely still the owner of the truck.
Second, you need to look at the terms of the original oral agreement. Part of the agreement was obviously that you could park the truck on his small farm. Part of the agreement was obviously that he would do his best to protect his farm, which includes the truck. Finally part of the agreement must have been that you could fetch the truck whenever you needed it.
Clearly there was NO agreement that you would need to pay him storage charges for the space where the truck is parked.
The law is that one party can't change the terms of an agreement without the consent of the other party. Both parties need to agree on the original terms, and both parties need to agree if any terms are to be changed.
So, the truck is yours, and you are entitled to collect it, and he can't charge you rental.
What you can do is to:
a) go to the police and lay a charge of theft against him. Ask the police to assist you in collecting the vehicle from the farm; OR
b) you can get an attorney involved to write your family member a legal letter demanding that he returns the truck to you, failing which you will go to the Magistrates Court and sue him for the return of the truck. (Delivery of a specified movable)
I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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