How to get relatives car off my property

[Avacadosprinkles]

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

With respect, you appear to be of a nervous disposition and your relative knows full well you will be too scared to stand up to them-hence you are enabling their bad behaviour.
You seem convinced this is a huge legal battle when it's actually quite simple. The torts process seems to be the way to go, I would do it a letter myself and copy the text into a WhatsApp message so you have covered the bases. Instead of getting all worked up about the logistics of whether you want it towed or scrapped, the aim of the letter is to show them you are serious. I would give them 14 days. If there's no response I'd maybe consult a solicitor which I would think isn't too expensive. You seem hung up on reprisals but what LEGAL route could this person possibly take against you if you give them notice in writing?

Yes, you can send a letter before action yourself. You don’t need a solicitor. You need to formally withdraw your permission for it to remain on your land, and then it will be considered trespass. You automatically become an ‘involuntary bailee holding their goods under the Torts (interference with goods Act) 1977. You can’t tow the car onto a public road yourself as this makes you liable if anything happens to it.

You then need to give notice to terminate bailment and letter before action. Give them a strict deadline by which the vehicle needs to be removed - 14 days is usual. You also need to specify the make, model, colour and registration number of the car in the letter and state that the consent for the car to be stored on your property is withdraw with immediate effect and it’s interfering with the sale of the house.

State clearly that if it’s not removed by the deadline you’ll apply to the courts for a mandatory injunction to force removal, and you will also claim compensation for any financial losses caused by hindering the house sale.

Alternatively you could state that you’ll serve a formal Torts Act Notice to have the car legally removed or sold, with recovery costs deducted from it’s value.

Below is a formal letter before action template from AI.

[Your Name]
[Your Address]
[Date]
[Relative's Full Name]
[Relative's Address]

FORMAL NOTICE TO REMOVE VEHICLE / LETTER BEFORE ACTION
Vehicle Registration: [Reg Number] | Make/Model: [Car Details]

Dear [Relative's Name],
I am writing regarding the above vehicle, which is currently parked at my property, [Your Address], without my consent.
Please accept this letter as formal notification that permission to keep this vehicle on my land is withdrawn with immediate effect. Its presence constitutes a civil trespass and is directly interfering with the marketing and sale of my property.

Action Required:
You must arrange for the vehicle to be completely removed from my property by no later than 5:00 PM on [Date, 14 days from letter date].

Failure to Comply:
If the vehicle is not removed by this deadline:
I will apply to the County Court for an injunction forcing the removal of the vehicle and a claim for any direct financial losses incurred due to delayed property sales, plus legal costs.

I will exercise my rights under the Torts (Interference with Goods) Act 1977 to arrange for the vehicle to be lawfully removed, with any costs incurred held against you.

I hope this will not be necessary and that you will collect the vehicle promptly.
Yours sincerely,
[Your Signature]
[Your Printed Name]

Send the letter using a secure service such as RM special delivery so that you not only have proof of sending, but proof of receipt in the form of a signature on delivery. If you have their email address send a copy of the letter so they receive it immediately.
Delivery Instructions

If you haven’t already, take clear, time/date stamped photos of the car parked on your property, to prove its location.

Again, check your home insurance, and if like the vast majority it has a free legal helpline, call it. They're usually 24 hours, and if you'd done so when I first suggested it, you wouldn't still be needing to ask questions like this one, of people who don't know the answers.

Council won't remove as far as I'm aware as it's on private land and sorn.

The SORN is invalid if you withdraw permission for it to be on your land.

Council WILL remove.

Join a classic car group, ideally one your relative is in, and take some photos posing near it. Tag him. Invite people to come and see it and tag him again saying you can't take all the credit, it's XXs car but you're storing it for them (but they're welcome to come and have a look!

Tell relative that you didn't realise how popular the car was and how many people liked it and are coming to see it next week (they're bringing wine and snacks to thank you for hosting them!) and does he want to be there to talk to them about it while they're having their photos taken? Make him worry someone else will take am unhealthy interest. He knows you won't do anything. He will worry what a stranger might do.

A friend’s ex left his ‘classic’ car on her drive for 6 months after they’d split up. She sent him a letter saying if he didn’t arrange for its collection in one month she’d get it scrapped. He didn’t, she did. They are still talking surprisingly…

if it makes you feel more secure get a solicitor to write the letter saying you are getting it towed to their house. But really, this isn’t your problem…

Give her 7 days notice that the garage door will be left open. That should give you time to remove your possessions and make sure that the internal door is secure.
Hopefully that will panic her into action.
Also try and curry support from relatives by phoning them for advice as you're getting nowhere.

It won't hurt to take legal advice

I suggest that you write to them giving 28 days notice to remove the car

At the end of 28 days you send a letter before action ie as you have not removed the car I am going to court in 28 days unless you move it and point out that they might be liable for your costs in doing so

Then either go to court yourself or engage a solicitor

You might have legal expenses cover in your house insurance or through a trade union or employer

Send them a recorded letter giving a reasonable time to remove the goddamned thing. If no action taken after the date, commission a car removal service to take it to their property and then charge them the removal fee, potentially via small claims court.

Thank you this is helpful

If your other relationships would be negatively affected by you telling them in advance that you are going to tow the car back to the owners land, and then actually doing so, then your relationship with those other relations are rubbish too and not worth saving either.
Any reasonable person would agree that’s a perfectly reasonable way to deal with the situation.

And any comeback from your relative shouldn’t affect your relationships as you’ve been upfront with what you are going to do.

Legally you can’t do that. It’s SORN. And OP would be liable for anything that happened to the car as a result.

Absolutely genius.
Or leave the garage open because the door was "damaged" and let it get taken.

I'd be removing the garage doors and sending them off to be rubbed down and spray painted in light of impending sale. Classic car is now exposed to the elements and no longer secure.

That is perfect @ThreadGuardDog

@Avacadosprinkles viewers won't care what car is stored in your garage. They'll assume it's yours.

Has the family member got a driveway? Just get it towed there. Even if they haven’t, give them advance notice you will be taking the car to them. The car is there responsibility. They can either tax the vehicle to cancel the sorn or tell you where to get it towed to.

It’s not theft, you are not depriving them of it, you are giving it back.
Take photos of it before and after you get it towed to prove no damage and if there is damage during transit, pay for the repair.

I promise you the police will want no part in this.

You are making it a lot harder than it needs to be.

You dont need to drag it to their house.. you just need to drag it out your garage.

Once its on the street you dont need to worry about it

OP can’t leave it on a public road - it’s been sorned. And she will be liable for anything that happened to the car as a result of her actions.

As soon as the owner taxes it again, it’s not sorn. So they can be given advance notice. Tax it or find alternative storage.

Actually a "damaged" garaged door is a genius idea !

Once more for those at the back - OP can’t leave the vehicle on a public road. If it’s damaged she will be liable. It needs to be legally removed after formally removing consent for it to be kept on her land, and sending a letter before action, setting out the next steps.

Given that OP has spent ten years trying to get them to remove it, that ain’t gonna fly. You can’t put it on a public road unless it’s taxed and insured. OP also can’t move the car off her land without opening herself up to liability for any damage caused in the process.

My car was sorned for six months waiting for surgery. I was legally allowed to drive it to the garage for MOT. I don't think you can for anything else though.