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

Which would probably be for the best. I think prospective buyers would run a mile from buying a house with an ongoing dispute to try to remove the car.

Would she? It's not her car and she is telling the owner what she is doing. It's the owners responsibility to tax and insure the car. If something happened to the car why would the OP be legally liable?

If the OP uses a vehicle towing company, then their insurance will cover any damage caused while removing it from the garage, transporting it to the relative's property and leaving it there.

It sounds like the relationship with this person has already broken down irretrievably given their behaviour, so why the worry about how they will react? They’ve already argued with you, got upset, avoided discussions etc. If you tow their car and leave it outside their house and they get angry with you then what’s different to how they have already treated you?

I'm feeling frustrated that you don't seem to understand that starting the legal process is designed to get the car off your land. Once your relative is threatened with having his car sold for scrap then he will probably get a move on. Not doing anything will not get this car moved.

1. Send your relative a formal letter requesting they move the car within 14 days.
2. put your house on the market
3. if your relative doesn't move the car instruct a solicitor (who will advise you) they will send an official tort letter.

This will probably do the trick. If not then you will have to proceed with getting it towed and scrapped.

I agree. She can give notice that the car will be moved to owners address after 28 days they therefore need to tax it or provide an alternative storage provision. Then carry it through. It is then the owner’s responsibility.

Send them a letter stating that you will now be charging a certain (exorbitant amount for the rental of the garage every month. Failure to pay will result on court action.

You can’t just tell the owner what you’re doing and then do it. OP needs to send a letter before action notifying them that she withdraws permission for it to be stored on her land, and give a clear deadline by which they need to remove the car, as they are now trespassing. If they fail to comply she can apply to the courts for it to be legally removed or sold, and she can recover any costs she’s incurred from the sale.

Why does she need to send a "letter before action". Why can't she just tell them (in a verifiable way) that she can no longer store the car on behalf of the relative and after x date it will be moved to the street?

If she moved it, and the car was fine, what exact legal recourse does the owner have?

And if they don’t tax it ? She’s also liable for any damage to the car during the process of removing/delivering it to the relatives, and as a result of leaving it in an inappropriate place.

Because there is a legal process in place, which, once initiated and followed through, will get the car off her land without fear of legal recourse from a relative OP says is very likely to take legal action whatever she does. My advice was tailored to that, including details of how to serve a letter before action and what comes next. If OP wants to do things by the book and not give her relative any legal recourse, this is the easiest and least costly way to do it. It doesn’t cost anything to send a letter before action, there are various templates online that are very clear, and if OP incurs costs applying for court orders to remove the vehicle, she can recover these from the relatives through the small courts, or from the forced sale of the vehicle if she goes for an injunction.

This.

I'm confused as to why OP can't use tort to set a deadline and then dispose of the car by arranging its return onto owner's land? Or is the OP assuming disposal means destruction? Disposal merely means disposing of the item from her responsibility, how she chooses to do that is up to her as long as she is clear that she will be disposing of it from her property and when she intends to do this. As long as disposal is carried out paying due diligence to the execution then the owner has no comeback. I would suggest that hiring a profession car mover, with specific experience of classic cars would do this. Taking many photos of the car, before and during the disposal process would serve as defence against the owner's complaints and also serve as evidence to other relatives that all opportunity was given to avoid the disposal and it was ultimately returned to their premises with all due care and attention given.

If they don’t tax it, that would be their choice. Their liability. They are the owner.

Don’t scrap it. It’s probably worth a fair whack. I say this as someone who enjoys a trip to the local classic car auction.

OP has not initiated any legal process.

Legally, what would OP be liable for if she simply moved the car to the road, having given fair warning to the owner. What would she be charged with? What civil case could the owner take? No one has explained that.

Assuming the car can be stored off road at the owners premises. And remembering that any damage at all resulting from the removal of the car, or subsequently leaving it on a public road, is the OP’s responsibility.

Get it toed and fuck your so called relative for being a complete wanker and taking advantage of you.

I'm assuming disposal means scrapping the car, not dumping it on their property to deal with. If disposal also includes returning the car to the owners property, then that is really positive as it would mean there is a clear process to follow with torts.

How is this car being mot'd? If it's insured it has to have an mot, so would need to go to a garage annually... I don't understand

Can I ask why you allowed this in the first place?

I think you need to move on from the idea of towing it to their property, as that’s the part that’s keeping you stuck. They are clearly completely unreasonable, so will talk shit about you whatever you do, so it’s pointless trying to do the least confrontational option. So just do the simplest, fastest and easiest thing for you, which is the letter giving them a deadline to come get it or you will scrap it. That doesn’t have to mean it definitely will end up as scrap. They could drive it home, or arrange to have it towed to their house themselves before the deadline if it won’t start, but whatever happens to the car, it will solve your problem once you start the legal countdown.

No MOT which is legal because car is sorn, you can also insure sorn vehicles

Not much help but the one thing I can think of is tell them what you will do before. Then push it into the road. The council will then get it towed.

decades ago I had a car left on my drive. Owner was then not in contsct, I assume parts of it may have been stolen. I had to pay to have it towed away in the end as i was only renting the house and had to move.

Disposal can mean return to owner. When police dispose of seized property, one of the options in doing so is return to owner (the others are destroy or sell).