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Legal matters

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How to get relatives car off my property

472 replies

Avacadosprinkles · Yesterday 16:07

A relative has left their car in my garage for the last 10 years. I want to sell my house and they won't move it. They could move it to their own property but don't want to. It was always meant to be temporary. I have brought it up several times over the years and they just brush me off with excuses every time. I have ran out of patience. What legal route do I need to take. I don't want to dispose of or sell the car I just want to get it towed to their driveway, but Google seems to suggest I could be prosecuted for criminal damage if I do

OP posts:
justasking111 · Yesterday 20:43

Brilliant time to sell a classic car @Avacadosprinkles . We have friends with summer cars like this.

Do you know the rough value of the car. You might want that information to hand when you speak to a solicitor. I'd also phone a towing company. Our garage is covered insurance wise re moving cars so I'd think they are.

Any1ForTennis · Yesterday 20:43

Push it out onto the street, the street is a perfectly acceptable place for a car to be placed so you are not being irresponsible.

Avacadosprinkles · Yesterday 20:44

Momlife86 · Yesterday 20:42

Not a helpful suggestion OP but I would absolutely see red and I could see myself towing the car myself and dumping it in a parking lot, ringing relative saying ‘your car is in Sainsburys, bye’.

Trust me it's tempting and every day this drags on is making this more attractive an option.

OP posts:
AgonyAuntsortof · Yesterday 20:47

Avacadosprinkles · Yesterday 20:39

It's not a crime for the car to be on my property so police won't be interested as it's a civil matter.
Torts only seems to cover disposal or selling the car.
Council won't remove as far as I'm aware as it's on private land and sorn.
That why I created this thread to ask what other options I have. Another porster said I could apply to county court to get a court order for removal. This is why I've asked questions about this
I want to keep it legal and I want to act as reasonably as possible as it is a blood relative and the impact on other relationships if I just go nuclear and issue the tort and get it scrapped when they know it's worth money and relative will use it as a way to make me look like the bad person. If I can legally get the car towed and left on their property, then I would like to do that.

I will again leave the thread: for the 3rd and last time. Only got back each time when quoted because I felt ignoring being quoted would be rude otherwise .

you said: I want to keep it legal . you also said you do not want to sell et cetera, et cetera the car.

please ask your solicitors to help you keep it legal.

Keeping it legal may involve you and your close relative being required to attempt to first resolve this between yourselves. This is not a step you can ignore no matter what family dynamics you want to protect.

good luck.

Namechange602 · Yesterday 20:48

I think we’ve established that no-one here can give a definitive legal solution to your problem and that you’re not happy (for understandable reasons) to go with any of the common sense suggestions. Therefore I think your best option is to talk to an actual lawyer. Your conveyancing solicitor will be able to put you in touch with someone if they don’t know the answer.

WiddlinDiddlin · Yesterday 20:48

Given the issues with other family members...

I actually would put the house on the market asap.

Send a letter before action, giving them a time frame to shift it 'or else'. Make sure that LBA actually says 'this is a letter before action, you have x days to do xyz or else xyz will happen'.

Put the house on the market.

Let it be known to family members that your house IS on the market and they can verify this for themselves if they check listings. This is a very reasonable reason to want the car shifted, so relatives pissing and moaning about you wanting the car shifted because you're unreasonable/mean etc won't stand.

Investigate your options if the LBA is ignored - if your LBA states 21 days or 30 days then thats plenty of time to get legal advice and know what your next steps are.

Chances of your house selling in that time frame are pretty much zero.

If you DO go to court, 'I need it gone because in X months I won't live at the property' is a bloody good reason, even if 'I said it could sit there for a few months 10 years ago' seems not to be (it really really would be).

I'd also, in the meantime, between LBA and anything else, gather together any written evidence you have of asking for it to be shifted, promises it will be shifted/sold/etc, just in case you need that.

Whyherewego · Yesterday 20:51

I am still unclear why you need court or a legal process to put the house on the market. Once the house is under offer, the relative, no matter how big a CF, will remove it because it's then not vacant possession and it will be disposed of by the purchasers. Your other relatives won't judge you because you sold the house, and told CF relative. So there's kind of no issue. This is just a game of bluff. So call theirs

Bake · Yesterday 20:53

Could you send them a legal notice to say they have X days to remove the car from the property, after which there will be a fee of £1,000 per day/week/month it remains!? Get a solicitor to draft the letter so they realise you mean it? (And check that would even be legal 😊)

ThreadGuardDog · Yesterday 20:54

Avacadosprinkles · Yesterday 20:39

It's not a crime for the car to be on my property so police won't be interested as it's a civil matter.
Torts only seems to cover disposal or selling the car.
Council won't remove as far as I'm aware as it's on private land and sorn.
That why I created this thread to ask what other options I have. Another porster said I could apply to county court to get a court order for removal. This is why I've asked questions about this
I want to keep it legal and I want to act as reasonably as possible as it is a blood relative and the impact on other relationships if I just go nuclear and issue the tort and get it scrapped when they know it's worth money and relative will use it as a way to make me look like the bad person. If I can legally get the car towed and left on their property, then I would like to do that.

To be honest if they had left their car on my land for ten years and refused to move it each time of asking, to the point where it’s hindering a house sale, I wouldn’t actually give a shit what they thought of me. I’d send them a solicitors letter giving them 28 days to move and be clear that if they don’t act within that time, you will call a tow truck and have it removed and taken to them. Whichever way the car is removed, once it’s gone I’d block their number and not give them any details of the new address. Job done.

Avacadosprinkles · Yesterday 20:54

WiddlinDiddlin · Yesterday 20:48

Given the issues with other family members...

I actually would put the house on the market asap.

Send a letter before action, giving them a time frame to shift it 'or else'. Make sure that LBA actually says 'this is a letter before action, you have x days to do xyz or else xyz will happen'.

Put the house on the market.

Let it be known to family members that your house IS on the market and they can verify this for themselves if they check listings. This is a very reasonable reason to want the car shifted, so relatives pissing and moaning about you wanting the car shifted because you're unreasonable/mean etc won't stand.

Investigate your options if the LBA is ignored - if your LBA states 21 days or 30 days then thats plenty of time to get legal advice and know what your next steps are.

Chances of your house selling in that time frame are pretty much zero.

If you DO go to court, 'I need it gone because in X months I won't live at the property' is a bloody good reason, even if 'I said it could sit there for a few months 10 years ago' seems not to be (it really really would be).

I'd also, in the meantime, between LBA and anything else, gather together any written evidence you have of asking for it to be shifted, promises it will be shifted/sold/etc, just in case you need that.

Would a letter before action be something that I would need a solicitor to write or something I could do myself before involving solicitors.
If it's sent by me even recorded delivery I suppose she could claim I didn't send her the letter but something else. If I sent it over Whatsapp I could prove electrically what I sent and prove it was read but not sure that would hold up

OP posts:
Scarydinosaurs · Yesterday 20:54

I think you might have an attempted break in for the garage, and you warn your relative that the door is damaged and they will need to move their car…

Bake · Yesterday 20:54

Or list the house for sale, include photos of the garage with the classic car in and wait for it to get nicked!? 😆

Newname26 · Yesterday 20:56

Your only answer is a solicitor.
I suspect this is your Dads car?
I do think hitting him in the pocket might help, ie charging rent for the garage.
If you think you'll end up NC with him then don't worry about upsetting him, do what you need to do.

Avacadosprinkles · Yesterday 20:57

Whyherewego · Yesterday 20:51

I am still unclear why you need court or a legal process to put the house on the market. Once the house is under offer, the relative, no matter how big a CF, will remove it because it's then not vacant possession and it will be disposed of by the purchasers. Your other relatives won't judge you because you sold the house, and told CF relative. So there's kind of no issue. This is just a game of bluff. So call theirs

It's not that I need a court order to sell the house, but if the legal process to get the car removed would take 6-12 months I wouldn't want to put it on the market and mess the buyers around having to wait for the process to come to an end or leave them with the car to be dealt with by them. I haven't had to do anything like this before so I don't know how long it would take and how much it's likely to cost

OP posts:
Whyherewego · Yesterday 20:57

Avacadosprinkles · Yesterday 20:54

Would a letter before action be something that I would need a solicitor to write or something I could do myself before involving solicitors.
If it's sent by me even recorded delivery I suppose she could claim I didn't send her the letter but something else. If I sent it over Whatsapp I could prove electrically what I sent and prove it was read but not sure that would hold up

Do both. That way you know she's got it

Bigboldfont · Yesterday 20:59

can you just send a letter or email saying, as previously requested on date z, y, x and x, please remove your vehicle from my property by 2 weeks date. permission is revoked for storage and penalties of £100 per day will be incurred after that date.
on July 1st, if you have not removed the vehicle, I will have it removed by a transporter to your own property.

I should advise at this time that the garage door is broken and there is a rat infestation. For your own protection, please remove the vehicle ASAP.

justasking111 · Yesterday 21:01

Bake · Yesterday 20:54

Or list the house for sale, include photos of the garage with the classic car in and wait for it to get nicked!? 😆

OH that's inspired a classic car in the garage for all to see.

Gardenisablooming · Yesterday 21:02

Google to check if it's taxed. Govt website. Enter reg..
If it isn't SORN park it on the road. When the fines start pouring in relative's letterbox they will deal with it.
My exh had to declare himself bankrupt after trying to get the better of me.

Details available for the interested!

justasking111 · Yesterday 21:02

Put your house on the market now. It'll sell more easily at this time of year.

justasking111 · Yesterday 21:03

If it's been registered at your address for a decade maybe you've won it.

k1233 · Yesterday 21:05

Avacadosprinkles · Yesterday 18:14

It's not legal to move the car without the owners permission. That's my issue. You also can't block access to it. The law is ridiculous on this
This is why I'm asking for what legal route I can take to resolve it. It would be a criminal offense for me to move it without authorization. Only a civil issue of them leaving the car on my property without permission

See a solicitor to send a letter. Something along the lines of I hereby revoke my permission for your vehicle to be stored in my garage. I give you 28 days notice to remove the vehicle. If it is not removed in this time, I will have it professionally towed to xxx address.

Ocelotfeet27 · Yesterday 21:06

Honestly, just send the notice that if they don't take it it will be disposed of. Why are you worrying about what everyone else thinks? You can just say you're not actually planning to sell the car but once you can legally dispose of it you can get it moved to his place. Anyone who will be on his side wi be on his side whatever you do that isn't put up with it forever. Get it gone.

Impartialopinions · Yesterday 21:09

Tell them your garage door needs taking off as there’s been a leak and the plasters falling off, send a AI picture of the ceiling crumbling and a leak, tell them if it’s not moved immediately it WILL be damaged, fortunately you know a good tow truck who’s willing to do it 10% cheaper due to a cancellation

IceLollly · Yesterday 21:09

Give them 2 weeks notice. Push it onto the street where eventually it will be picked up as not taxed/insured.

AlphaApple · Yesterday 21:13

From a legal perspective if you moved it onto the street, what liability could you incur? Assuming you gave them written notice?

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