The Vehicle as Ownerless Property

• 2023-03-21

A citizen, who had had possession and use of a vehicle for nearly forty years, could no longer operate it as his ownership rights over the vehicle had not been recognized.
The citizen had repeatedly approached the Armenian Police "Road Police" service to register the vehicle, but registration was not carried out due to the absence of ownership documents. Presenting the required documents was practically impossible, as the vehicle had initially been acquired by his father in the 1930s, and no data about the acquisition were available or could be verified.
Nevertheless, the citizen had carried out all necessary current and major repairs on the vehicle, using it as his own property and openly maintaining possession of it in good faith.
The court, after thoroughly reviewing the materials of the case, based its decision on the fact that no registration data for the vehicle, nor any information about its de-registration or being subject to a search, was available. As for the fact of possessing and using the vehicle as personal property, and the good faith aspect, the court took into account the written statements of witnesses and concluded that the claimant's possession was in good faith, open, and continuous.
As a result, the court ruled to grant the claim, noting that all legal and factual grounds for recognizing the vehicle as ownerless property and establishing the claimant's ownership rights over it were met.

Note: Decision No. KD2/1528/02/19 of the Civil Case by the First Instance Court of General Jurisdiction of Kotayk Province has entered into legal force.