Excuse my ignorance, I just learned today that ATV's are required to have a title. I purchased an ATV from my grandfather, who bought it from someone, who bought it from someone. I'm sure most of them are honest and whatnot, but it's also a very real possibility that someone finds the title and reports the ATV stolen. What's the best way I can sort this mess out? Thanks for the tips.

Don't know that information is 100% correct. Even if you buy new out of state you can't get a "title". More or less a fancy bill of sale. That's my understanding but with all the theft it wouldn't surprise me any if they do start treating them like cars.

Bill of sale... but if its been a long while a police report would have needed to been filed way back when to hold water imo.

But the main reason people title these is because just about any financial company or bank will require it before processing a loan... its a pain.. I cant get certain companies to even process a contract and let me deliver the machine before its titled in the customers name

so if you ever decide to buy one without a title don't plan on trading it in to a dealer... just cant do anything with it on our side

http://www.txdmv.gov/registration-and-title-bulletins/2012/035-12

"All-Terrain Vehicles (ATVs) – are required to be titled, effective September 1, 1985; and
Recreational Off-Highway Vehicles (ROVs) – are required to be titled, effective September 1, 2009; however, some may qualify for a title exemption by completing the Form VTR-329, Recreational Off-Highway Vehicle Used for Farming or Lawn Care."

I'm no lawyer, but it seems pretty cut and dry, ATV's are required to be titled. I plan on running a VIN check online when I get home to make sure it hasn't been reported stolen and then contact the DMV about a salvage title or something. I don't know if that's the best route though.

A ROV may be exempted from the title requirement if the purchaser certifies that the vehicle will be used primarily for farming or lawn care. The purchaser makes the certification by completing Form VTR-329. However, a ROV that has multiple rows of seats, contains food or beverage equipment, or is equipped with specifically non-farm or non-lawn care equipment is not eligible for the title exemption. A licensed dealer is to provide a photocopy of the completed Form VTR-329, along with the Manufacturer's Certificate of Origin (MCO), to the original purchaser. The dealer retains the original Form VTR-329 in their records.

If the original purchaser of the exempt ROV sells the ROV, they must provide the photocopy of the Form VTR-329 and the MCO to the subsequent purchaser. If the original purchaser wishes to obtain a Certificate of Title at a later date, the photocopy of the completed Form VTR-329 must be submitted with Form 130-U and the MCO. Similarly, if a subsequent purchaser wishes to obtain a Certificate of Title, the photocopy of the completed Form VTR-329 from the original purchaser must be submitted with Form 130-U and the MCO.

When presented with a Form VTR-329 by an original purchaser who subsequently wishes to title the ROV, the Delinquent Transfer Penalty would not apply. If this situation occurs after the 30th day from the date of sale, the Registration and Title System (RTS) will calculate a Delinquent Transfer Penalty. The penalty should be manually changed to reflect no charge and will require a Supervisor Override. In the case of a subsequent purchaser, the delinquent transfer penalty would apply once the 30 day transfer period has passed from the date of the subsequent purchase since there is an actual change in ownership.

Its pretty common for any cash purchase the people use their ag exemption and will be using it on the property/farm/lawn. These just need a simple paper signed... thus leading to a non titled machine.

This is true, but not really applying to me in this situation because the vehicle I'm concerned about is a Fourtrax, which is an ATV. My biggest concern is that if a title exists and it's not in my name, the person with the title in their name (or family who receives it when said title holder kicks the bucket) will report the vehicle as stolen. I don't want to get pulled over on the way to the lease and have a state trooper say, "You're in possession of a stolen vehicle."

You can also do a thing called a bonded title... im in the process of doing one now... only do it if your that worried about it lol.. its a stack of papers.. youll have to call your tax office and get them to send you a copy of the process

Oh for sure I understand the situation your in but its possible an atv can be considered a rov also.. but either way a few things you can do... call the local Honda houses and see if one will put the vin in the system.. maybe they are the ones that sold it and can tell you if it was titled... tax office can do this to if you know what county did it... but they cannot give you the holders info and if there is a report on it as stolen as soon as that number goes into anyones system it will show its been declared stolen. that's a tight spot

Thank you so much Navasot! That info really does help. I ran a quick vin check online and it came up clean and shows it in fact has no title records. So it seems to me there never was a title for the vehicle. I suppose I should get one through the DMV now.

The requirement for title is on the original purchase. After that, you aren't required to title or register anything. Sure it is safer to have the title, but you are under no obligation to actually transfer the title into your name when buying from a private seller. If the machine isn't stolen you are good to go as is.

Perhaps that was the case prior to Oct. 27, 2016, but I think it has changed recently.

An excerpt from the most recent title manual (http://www.txdmv.gov/publications-tac/doc_download/3080-title-manual)page 14-16:

"The title exemption was eliminated on October 27, 2016. Any transfer of ownership
requires the owner to obtain a Texas title in their name. A Recreational Off-Highway or
All-Terrain Vehicle Used for Farming or Lawn Care (Form VTR-329) is not acceptable,
and the transaction would be subject to any applicable delinquent transfer penalties or
considered an invalid transfer of ownership requiring a bonded title, court order, or tax
assessor-collector hearing."

Again, I'm not a lawyer so perhaps I'm interpreting this incorrectly, but it appears that titles must be transferred with ownership if being sold after Oct. 27, 2016. Fortunately, my vehicle was purchased in a private transaction before that date, so I don't believe it applies to me. I do intend to get clarification on this at the DMV. I need to transfer another title as well so why not, right?

Interesting and you may be right, although another part of that document says registration isn't required but titling the ATV is. Not sure how you don't register it but get a title issued. Might as well register it at that point. Interesting none the less, I didn't realize they removed the title exemption.

Another thing to consider is where you will be using it. If that answer is on private land 100% of the time I wouldn't worry about it. Public land may be more of a concern.

You're right about the land use. I doubt the game warden could/would care to pick apart the titling of the vehicle, I'm sure they have bigger fish to fry.

More importantly, if I should decide to sell the vehicle later, not having a title would seriously lower the resale value of the vehicle since it seems to be required. I'll drop by the DMV tomorrow during my lunch break to see if I can get some clarification on the issue.

I'll be interested to see what the DMV says.

Me too...

So I didn't get a lot of information out of them with respect to the change in laws in general, but I did find out what I have to do to title my Fourtrax. The lady told me the vehicle is titled to some guy named Benjamin and I'll have to get a bonded title, so I got the same packet Navasot mentioned. I'll fill out the required documentation and turn it in next week. She also said, "If it has a VIN, it has a title." I can't ascertain to the truth of that statement, especially if some vehicles were exempted from title requirements before last year.

UTV's weren't titled for a while so there will be some out there with just a MSO.

I have bought and sold several UTV type vehicles that I bought thru heavy equipment auctions ... no paperwork whatsoever and several even had the VIN tag/plate removed. Should I be concerned or ask for paperwork in the future?

I believe stolen VIN are purged from the DPS system every 4 years for ATV's.