5cagm

Hello Everyone,

Ok, because I know this is going to be a touchy thread and one that I believe will start some debate. So I will be prefacing this by saying that I am just looking for information and opinions before any action is taken.

So the story goes that I'm a student who has recently become very interested in vintage (particularly 80's) road bikes. I have a Miyata 710 I've been working on and a Miyata 110 I recently picked up.

Anyways, at a friend of mine's place there is a Bianchi Strada LX that has been locked to a tree on the corner of his property all summer and it has not moved once through rain or shine. In fact there appears to be a small branch lodged in the spokes and some vines starting to creep up on the frame haha. Basically my question is, when or is it ok for me to save this bike from becoming yet another rust bucket, neglected bike that someone has "forgotten"? I don't know what the legal status would be on a bike that appears to have been abandoned now for 4 months. Furthermore, am I a bad person for wanting to save this thing by bringing it indoors and maybe putting up an ad on Kijiji and Craigslist describing the found bike or even just scanning daily to see if it's reported missing.

Just wanted to know if any of you have an opinion on this.

So to summarize:

- Bianchi Strada LX chained to friend's tree
- Bike has not moved in 4 months
- Am I stealing/or saving it if I move the bike?

Thanks in advance for any opinions

stausty

I'm not a lawyer, but if it's been on your friend's property for 4 months, shouldn't he be the final call on this? What does he say about the bike?

Blue Order

A subject that's been broached many, many times here.

I'll say this-- I once became interested in a scooter that had been left chained in the parking lot of my building. Obviously abandoned and unwanted. I started asking myself the kinds of questions you're asking. Then one day, the neighbors moved, and took their scooter with them.

I have a bike now that at one point seemed abandoned in my current building. The building manager put up notices throughout the building, advising residents that they would need to put their names on their bikes, and that any unclaimed bikes would be removed. Two weeks later, several bikes were removed. I saw one that I was interested in, asked the manager about it, and now it's mine.

Currently, there's a bike that's locked to the rack in my building that appears to be abandoned. It hasn't moved in years. Mainly, I'd like the parking space on the rack, more than the bike, although it is a cool bike. So far, I've resisted the urge to cut the lock and claim the rack space. As much as I'd like the parking space, I don't think that's a justification for claiming the parking space, so I guess I'll just have to wait until the manager cleans out the bike rack again (of course, without noticing that I've claimed more than my fair share of the rack), or until the owner moves.

tatfiend 

If it is chained to a tree on your friend's property ask him/her about the status of it. If theirs then I would ask if I could have it. If they deny ownership then I would still ask if I could have it as it is IMO de facto theirs, having been abandoned ON THEIR PROPERTY for so long.

Thy may also know who the owner is and who to contact about legally obtaining it.

Chombi

The owner can declare it as a nuisance if it has been "squatting" in their property without permission. I think the owner can contact the local PD and they ask tell them on how to remove it properly without liability. The PD might require the property owner to issue notices on the paper for a certain amount of time before they can claim rights to it if it is not claimed............and then hand it over to you for a dollar! ;^)

Chombi
84 Peugeot PSV

ottothecow

If it is actually on your friends property...take it (with their agreement of course). If it is within their rental property, it depends since he isn't the only one who lives there unless it is a single family rental.

A few more considerations...
-It is locked to a tree...in most cities, this is not allowed. By cutting it you are probably doing the city a favor...alternatively you could probably have your friend ask the city to come and cut it off the tree although they would probably take the bike and hold it for a few months as abandoned property and then give it to you (unless your city has a charity that they donate all bikes to or something)
-You say you are a college student...this is both good and bad for the idea of you taking the bike. On one hand, you have to remember that a lot of students go home for the summer and might be expecting their bike to be there when they return (although they can't expect much more than a pile of rust)--I know that schools on the quarter system don't start until the last week of september so YMMV. On the other hand, cheap student apartments are home to MANY bikes that have been legitimately abandoned. I see it all the time here...people move off campus and decide to buy a used bike, often from the local place that gets donations from the city's removal efforts and turns around a lot of decent vintage bikes...2-3 years later, they move somewhere far away, sell their crap college furniture and forget about the piece of junk bike (because by this point the chain is rusted and the brakes barely work from 2-3 years outdoor storage/use). They get left in dorm bike rooms and on campus all the time as well...but there are usually campus employees who remove them each year so they don't pile up like in apartments (I once lived in an apartment that literally had a stack of 4-5 frames locked to a post...the top one was clealy somebodys and they just locked it atop the pile of bikes that had previously been locked to that post and were now missing all of their useful parts)

Basically, if it is in a public/shared space...you had better make very sure that it does not belong to anyone before rescueing it. I know a lot of people here say hands off, don't touch...but I understand how it goes on a college campus and many bikes are truly abandoned (and if you are in a place with lots of scrappers...will be melted down, never to be seen again)

5cagm

hey,
thank you all for the useful information. I think my new plan is to go to my campus' legal aid and ask them their opinion. if that doesn't resolve anything then I'll call the local PD and hopefully they can give me some info on what to do. Once again, thanks to everyone who responded!

RatedZeroHero

just take it!

to quote AC/DC... "Hell ain't a bad place to be!"

Im Fixed

Its mine but you can take it.

abstractform20

take it. post something asking if anyone is missing a bicycle and require they describe it. if no one succeeds, then keep it.

Old Fat Guy

Stealing is stealing. What is the guy got tossed in jail and has nothing other than that bike he locked up?

I can think of dozens of scenarios.

There has been a bike locked up for at least 18mos with a Brooks under a plastic bag near me. It would be stealing.

abstractform20

what if the same guy is in jail for stealing bikes and running over babies with them?

in your situation:

-there is a bicycle which has not been claimed or touched, in your friend's property
-there are no means of establishing a connection with the owner
- there has been care of the bike

you have more than reasonable cause to believe the bicycle has been abandoned.

you have more than a reasonable right to claim the bicycle.

even lost and founds have time limits.

go for it

BookFinder 

At the bottom line it is not yours or the friends, and the chances are high that somebody somewhere has a bill of sale with the serial number of the bike. So legally speaking, taking it is theft unless you "jump through the hoops" to make it yours before you put your hand on it to take it home.

But, the bike is sitting out there literally beginning to rot. So what to do?

Take a cue from the "poor man's copyright" option.

Before you "rescue" that bike, take pictures of the setting and then of the bike serial number. Mail them to yourself. Initial the sealed flap on the back and don't open the envelope after you get it. File it someplace you will not forget.

If it later becomes a legal issue, fess up, produce the visual evidence of abandonment, ask forgiveness, and return the bike to the owner in better condition than he or she left it.

If you decide to get rid of it give it to the old guy who fixes up bikes for kids. Selling stolen property is more serious that possessing it...

BlankCrows

The bike is abandoned property if it was left on your friends property without permission.
Don't waste your time at the legal aide office at school. If your friend doesn't want it take some photos and get the serial number and then go to the Police Department and ask them what to do. You may have to fill out some kinda report. Unlikely they would want to impound it--if they don't want to hold it, then if ok with your friend, liberate it from the lock and fix it up. They police don't want to waste time on something like this so the report will get filed and you will have to wait a month or so and then you can likely claim it as yours. If a legal owner can prove it it theirs they can contact you through your friend or PD and you can return it to them cleaned up.

curbtender

You go to the PD, they will cut it and hold it for 30-60 days and then it will be sold.

Citoyen du Monde

If it is on the edge of the friend's property it might not actually be on his property as there is generally a legal right of way that belongs to the county/township. In my town, the first 8 feet of most streets that have not been widened belong to the township. Furthermore, being abandoned is not enough to allow you to claim it as it might have been stolen and abandoned. You need to determine whether it has been abandoned on the the friend's property, then verify that it has not been stolen. A town that I used to live had an annual police auction and anybody who turned in an abandoned bike was given first dibs on any bike they turned in.

BlankCrows

The OP says it was locked to a tree on the corner of his friend's property. If it isn't on the friend's property then it is a different game.

Fivethumbs

If you have to ask, you already know the answer...

BlankCrows

Good point. The more people who get involved the less likely the OP will end up with it as it shouldn't be left to rot. Personally, I'd just ask the friend who owns the property if he wanted it or not--if not then i'd ask if I could liberate it.

BlankCrows

Good point. The more people who get involved the less likely the OP will end up with it as it shouldn't be left to rot. Personally, I'd just ask the friend who owns the property if he wanted it or not--if not then i'd ask if I could liberate it. I'd at least take photos of it before I cut the lock if ever there were any questions.

mkeller234

Yeah, I have to agree. Not to say give up on it... but go to every length you possibly can to obtain it with a clear mind. Leave notes on the bike, have your friend look into it etc, but don't just take it.

Panthers007

Without express permission of your neighbor upon whose property it sits, if you take it - you can go to jail. Telling the judge what a nice bike it is and your were doing a 'rescue' on it - you might get evaluated in a mental hospital. Kittens and puppies are safe to take if they are being abused/starved/Made Love To. But only if you have legal authority. But you might get away with an animal-rescue. The "Case of the Bicycle-Rescue" won't go over very well in a court.

thook

On your friend's property? I'm surprised you've waited this long to ask your friend. I mean, he/she is a friend, right?

You need to look up what constitutes "abandoned" property in your state. For a bicycle, if you take it, you're not real likely to go to jail. You might get a fine, but first the actual owner would have to provide evidence it was stolen and argue that it wasn't abandoned. (The pics are a good idea). If you make reasonable attempts to find the owner and within a certain amount of time no one has claimed it/proven somehow it's theirs, then you keep it. No big deal. But, you need to find out the stipulations specific in your state. Look it up on the internet. This is what I'd do, anyway. Well, I'd ask the friend first....lol.

JonnyHK 

It is easier to ask for forgiveness than it is to ask for permission.

cudak888 

Does anyone find irony in the following?

Every thread that inquires about the potential legalities of taking "abandoned" bikes always receives obligatory criticism (statements to the effect of "if you take it, it's stealing").

Yet, the "Judgment Call" thread about the abandoned Bridgestone CB-1 - already "rescued" by the time the OP posts about it - received virtually zero criticism, despite the fact that the bike was located on the front driveway of a house, and the only justification for removing the bike were the neighbors' accounts that the house had been inhabited by recently evicted drunkards who had no idea about what they owned?

-Kurt