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Legal matters

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How to get relatives car off my property

471 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:
Avacadosprinkles · Yesterday 22:05

ThreadGuardDog · Yesterday 21:59

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.

They have space for it to be delivered to their property without leaving it on the road

OP posts:
SixAndJuliet · Yesterday 22:07

Avacadosprinkles · Yesterday 22:05

They have space for it to be delivered to their property without leaving it on the road

Oh my god, please just do this. You could have this resolved by tomorrow.

Wreckinball · Yesterday 22:08

This isn’t what you want to hear but put your hand in your pocket and pay for legal advice- it could save you a fortune and bring your wish to sell your house forward. There’s no legal redress if you take “duff” advice on here ( and how do you know who is correct?) but there is if your solicitor cocks it up

Avacadosprinkles · Yesterday 22:08

NotThisShitAgain121 · Yesterday 22:01

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

Because it was meant to be a relatively short term favour , which didn't cause me any particular inconvenience at the time. Hindsight is a wonderful thing

OP posts:
Avacadosprinkles · Yesterday 22:09

SixAndJuliet · Yesterday 22:07

Oh my god, please just do this. You could have this resolved by tomorrow.

Again I want to do this legally.

OP posts:
ThreadGuardDog · Yesterday 22:10

AlphaApple · Yesterday 21:59

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.

We seem to be going over old ground. Unless the relative is willing to tax and insure the vehicle, it can’t be left on a public road. I doubt they would be willing to tax it given how long OP has been trying to get them to move it.

Moving or tampering with a vehicle that is not yours without the owner's permission can result in civil complications - given that OP has said her relative would be likely to try legal action whatever she does, this would be a gift. And you cannot legally scrap or otherwise dispose of a car that doesn't belong to you. In addition if OP moved a sorned vehicle from her own property onto a public road she could face action from the local authority for abandoning a vehicle.

This is all much more trouble than it’s worth, and given that OP is trying to sell a house in the midst of all of this, she needs to keep it legal.

And I haven’t said in any of my posts that OP has initiated any legal process.

NotThisShitAgain121 · Yesterday 22:12

Practical advice

Evaluated legal framework for car removal without criminal liability exposure
Good news: the "criminal damage" worry you saw is almost certainly a red herring for what you're planning. Criminal damage requires actually damaging property — simply moving an intact car isn't that. What you actually need to worry about is a civil claim (trespass to goods or "conversion"), which could arise if you're not careful about how you go about it. Here's the relevant framework in England & Wales:
Your legal relationship with the car
You're what's called a "gratuitous bailee" — you're holding someone else's property, without payment, and without a fixed end date (even though it was meant to be temporary). The relative is the "bailor." This relationship gives you some rights, but they're not unlimited.

The relevant law: Torts (Interference with Goods) Act 1977
This Act exists precisely for situations like yours — someone else's property sitting on your premises that they won't collect. Under section 12, if the bailor is in breach of an obligation to take delivery of the goods, or the bailee can give notice imposing such an obligation, the bailee has certain rights. To use this, notice must be given in writing — delivered to the bailor, left at their address, or sent by post — and it must specify your name and address, give sufficient particulars of the goods and where they're held, and state that the goods are ready for delivery. Individual Insolvency RegisterLegislation.gov.uk
This Act is mainly used by landlords and storage companies as a route to eventually sell uncollected goods after notice expires. Since you don't want to sell — you just want to relocate the car to the relative's own property — your situation is actually simpler and lower-risk than a full disposal case. You're not converting their property to your own use or someone else's; you're returning it to them. But you should still do this properly:

Practical steps I'd recommend

  1. Send a formal written notice (email plus recorded-delivery letter is good practice) stating: the garage space was always temporary, you're selling the house by [date], and you require the car collected by a specific reasonable deadline (e.g., 4–6 weeks).
  2. State clearly what happens if the deadline passes — that you'll arrange for the vehicle to be transported to their address at your cost, and ask them to confirm they'll allow access/delivery there.
  3. Use a professional vehicle transport/towing company, not a DIY tow — this protects you if any dispute arises about damage, and gives you a paper trail.
  4. Photograph/video the car's condition before it's moved, and again on delivery.
  5. Keep copies of all correspondence — texts, emails, the letters. This "brush off" pattern over years is exactly the kind of thing worth having documented if this ever escalated.
  6. Check access — you'll need the relative's cooperation (or at least non-objection) to actually deliver the car onto their driveway, since you can't have a truck drive onto their private property without permission. If they're likely to refuse delivery too, that's worth flagging to them explicitly in your notice.


Given the house sale timeline
Because you have a real deadline, it may be worth paying a solicitor for one properly drafted letter (a "letter before action" style notice) rather than doing it entirely yourself — a formal legal letter often gets a response that years of asking hasn't. This needn't be expensive; many solicitors offer fixed fees for a single letter.
One more thing worth flagging: I'm not a solicitor, and family dynamics plus property law can get tangled — if the relative pushes back hard or claims some kind of right to keep it there (e.g., disputes about what was "agreed"), it would be worth getting proper legal advice at that point rather than relying on general guidance like this.

https://www.legislation.gov.uk/ukpga/1977/32/schedule/1/data.pdf

Avacadosprinkles · Yesterday 22:12

Wreckinball · Yesterday 22:08

This isn’t what you want to hear but put your hand in your pocket and pay for legal advice- it could save you a fortune and bring your wish to sell your house forward. There’s no legal redress if you take “duff” advice on here ( and how do you know who is correct?) but there is if your solicitor cocks it up

I will be, I just wanted to know what process I was likely to be facing and what sort of options there were, how quickly it's likely to be resolved

OP posts:
Yetone · Yesterday 22:13

OP, has this relative always treated you badly?

fashionqueen0123 · Yesterday 22:13

Avacadosprinkles · Yesterday 22:09

Again I want to do this legally.

When the car is back on their drive they won’t do anything. Phone the police and say a relative has given me my car back? 😂You could have done it years ago.

ThreadGuardDog · Yesterday 22:15

Avacadosprinkles · Yesterday 22:09

Again I want to do this legally.

Please read my post above. The car does not belong to you and simply the act of moving it without going through the legal process could be handing your relative a reason to take civil action against you. In addition, you would be responsible for any damage incurred in the act of moving the vehicle from your premises to theirs.

SixAndJuliet · Yesterday 22:15

Avacadosprinkles · Yesterday 22:12

I will be, I just wanted to know what process I was likely to be facing and what sort of options there were, how quickly it's likely to be resolved

Before you pay for legal advice, I would also recommend speaking to the police to reassure yourself about some of your concerns of ending up with a criminal record and also advice about towing, sorns etc.

WiddlinDiddlin · Yesterday 22:16

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

Anyone can write a Letter Before Action, you do not need a solicitor to do that.

AgonyAuntsortof · Yesterday 22:17

Avacadosprinkles · Yesterday 22:08

Because it was meant to be a relatively short term favour , which didn't cause me any particular inconvenience at the time. Hindsight is a wonderful thing

Did you inherit the property from parent/gp?
did they inherit classic car at same time?

I see car owner is a she. Sister?

thing to do:

normal letter asking it moved in 30 days following which you will start charging an exorbitant amount.

then lba

whatever you do. dumping a car on road is Illegal. Many pp suggesting this.

@Avacadosprinkles

Gengha · Yesterday 22:17

fashionqueen0123 · Yesterday 22:13

When the car is back on their drive they won’t do anything. Phone the police and say a relative has given me my car back? 😂You could have done it years ago.

Quite. How is someone going to end up with a criminal record for returning a car to the owner? Absolutely bonkers. I doubt the police would give a shit.

AgonyAuntsortof · Yesterday 22:17

Wanted to add, also read up on counter claim.

Avacadosprinkles · Yesterday 22:18

ThreadGuardDog · Yesterday 22:15

Please read my post above. The car does not belong to you and simply the act of moving it without going through the legal process could be handing your relative a reason to take civil action against you. In addition, you would be responsible for any damage incurred in the act of moving the vehicle from your premises to theirs.

Yes I won't be doing anything without following the proper legal process. I want to tow the car to their property and I can do this without leaving the car on the road, but I don't want to try to get the car towed until I've done what I can to protect myself from future legal problems

OP posts:
formigas · Yesterday 22:19

RogueRascal · Yesterday 22:01

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

No it does not. My husband has several SORNed motorbikes. They're all insured, none have MOTs, 3 are MOT exempt anyway as they're classics and the 4th hasn't been ridden on road for a few years so does not need a new MOT until he wants to ride it on road again. It's the same for classic cars.

Also someone upthread said you can't insure a vehicle unless it's kept at your property, which is also wrong.

ThreadGuardDog · Yesterday 22:19

SixAndJuliet · Yesterday 22:15

Before you pay for legal advice, I would also recommend speaking to the police to reassure yourself about some of your concerns of ending up with a criminal record and also advice about towing, sorns etc.

Edited

It’s a civil matter - the police won’t be interested, unless OP leaves a sorned vehicle on a public road. The owner would be liable for the fines for that, but OP would likely face action from the local authority because leaving a sorned vehicle on a public road is technically abandonment. OP has said several times that she wants to do this legally. If she’s dealing with difficult relatives and selling a house at the same time, I don’t blame her. The legal route isn’t complicated and will protect her from litigious relatives.

Tahlbias · Yesterday 22:21

Avacadosprinkles · Yesterday 18:55

Not on the market yet. I want this resolving prior to putting the house on the market. I don't want the stress of dealing with both the house sale and sorting the car situation. The relative knows I want to move house, I don't think they give a shit that it's inconveniencing me

Do you think that once the house is on the market, they might get their arse into gear and move the car?

ThreadGuardDog · Yesterday 22:22

formigas · Yesterday 22:19

No it does not. My husband has several SORNed motorbikes. They're all insured, none have MOTs, 3 are MOT exempt anyway as they're classics and the 4th hasn't been ridden on road for a few years so does not need a new MOT until he wants to ride it on road again. It's the same for classic cars.

Also someone upthread said you can't insure a vehicle unless it's kept at your property, which is also wrong.

Yep. The only circumstance in which it’s legal to drive a sorned vehicle, is to take it to a garage for MOT.

AcrossthePond55 · Yesterday 22:22

@Avacadosprinkles

You mentioned in a PP that the owner-relative comes over to check on the car.

This may sound counter-intuitive but what if you put a lock on the garage door so he couldn't check on it? If he raises a stink, present him with an agreement that he will remove it by XX date and if he doesn't, he consents to you disposing of it in any manner you choose and tell him to sign first. I realize there's probably only a slim chance that he'd sign, but what do you have to lose?

Unfortunately, with people like that it's usually impossible to get any situation resolved without them raising a stink with others, be it family or a friendship circle. They're just too used to bullying and threats resulting in them getting their way to ever simply 'give up'. Even if you do go the 'legal route' and win he's still going to scream to high heaven to the rest of the family about how horrible you are and a court judgement isn't going to make them any less susceptible to his tactics. Since you'll probably end up the 'villain' no matter what you do, may as well be hung for a sheep as a lamb. Assuming it's cheaper than a court case, I'd hire a flat bed recovery truck (so the tyres never touch the road) and have it taken to his home and placed on his drive or garden, wherever it would be off the street. Just be sure you take video of the vehicle before it's loaded on and after it's offloaded. I find it hard to believe that he'd get anywhere trying to 'go legal' with something like "She took my car off her property and had it carefully placed on mine with no resulting damage".

Avacadosprinkles · Yesterday 22:23

Tahlbias · Yesterday 22:21

Do you think that once the house is on the market, they might get their arse into gear and move the car?

No unfortunately not. They've made it quite clear with their actions they couldn't give a shit

OP posts:
SixAndJuliet · Yesterday 22:24

ThreadGuardDog · Yesterday 22:19

It’s a civil matter - the police won’t be interested, unless OP leaves a sorned vehicle on a public road. The owner would be liable for the fines for that, but OP would likely face action from the local authority because leaving a sorned vehicle on a public road is technically abandonment. OP has said several times that she wants to do this legally. If she’s dealing with difficult relatives and selling a house at the same time, I don’t blame her. The legal route isn’t complicated and will protect her from litigious relatives.

I know! But the OP said upthread that she is worried about theft, criminal damage, getting a criminal record. All of which is absurd and why I suggested speaking to police.

She is not leaving it on a road, she’s said multiple times she will be taking it to their property which has off road space.

Avacadosprinkles · Yesterday 22:26

AcrossthePond55 · Yesterday 22:22

@Avacadosprinkles

You mentioned in a PP that the owner-relative comes over to check on the car.

This may sound counter-intuitive but what if you put a lock on the garage door so he couldn't check on it? If he raises a stink, present him with an agreement that he will remove it by XX date and if he doesn't, he consents to you disposing of it in any manner you choose and tell him to sign first. I realize there's probably only a slim chance that he'd sign, but what do you have to lose?

Unfortunately, with people like that it's usually impossible to get any situation resolved without them raising a stink with others, be it family or a friendship circle. They're just too used to bullying and threats resulting in them getting their way to ever simply 'give up'. Even if you do go the 'legal route' and win he's still going to scream to high heaven to the rest of the family about how horrible you are and a court judgement isn't going to make them any less susceptible to his tactics. Since you'll probably end up the 'villain' no matter what you do, may as well be hung for a sheep as a lamb. Assuming it's cheaper than a court case, I'd hire a flat bed recovery truck (so the tyres never touch the road) and have it taken to his home and placed on his drive or garden, wherever it would be off the street. Just be sure you take video of the vehicle before it's loaded on and after it's offloaded. I find it hard to believe that he'd get anywhere trying to 'go legal' with something like "She took my car off her property and had it carefully placed on mine with no resulting damage".

I don't think it's legal to block their access from what I've seen, so can't add additional locks. I think theoretically I could do the opposite and remove the door from the garage, as that would just be leaving it less secure, but would also mean I would need to remove other items from the garage I wouldn't want stolen and feel a bit gross at almost inviting someone to steal it

OP posts: