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

Ah - agree the police could give the necessary assurances in that case. But if op has it towed, regardless of where she leaves the car, she’s still moving it without the owners’ permission, and legally that’s complicated. She’s leaving herself open to civil action from a relative she’s already said would take action against her. Not to mention leaving herself liable for any damage incurred in moving it. That’s why I suggested the letter before action - it makes it clear that permission to leave the car on OP’s land has been withdrawn, so it’s now trespass, and it sets out clearly what OP’s expectations are, and what action will be taken if they’re not met.

Specifically, what civil complications?

It’s the owners responsibility to tax and insure the car. If they are given notice that OP will move it to the road, they have time to tax and insure it. It’s not OP’s responsibility to do this and she is not the owner so can’t be held liable.

no one has explained exactly what civil case the owner could have against the OP for moving the car off her property.

if I turned up at a solicitor’s office and said:

”Hi, I want to sue my sister. I left my car in her garage for 10 years despite being told repeatedly to move it. She gave me two weeks notice that she was moving it to the street outside her house. Then she moved it. The car is fine.”

What advice would my solicitor give me?

I think this is sound advice - caveat that there’s nothing stopping OP from sending a letter before action without a solicitors’ involvement. There are clear instructions and templates online and advice available from CAB. If the relatives don’t respond to it, then absolutely legal advice is the way to go.

Pretty sure it legally became your property after week 3, so yeah just have it towed on to a public road and don't tell them. Let the council / police deal with it because I assume it was declared SORN.

Curious if you're even the legal keeper, officially. If there's no paper trail, what possible comeback is there on you when the car is found on the public road?

Without op confirming if this property was inherited, none can advise her property.

i am convinced all this and a few other points I mentioned are at the root of everything . This also explains why op is ‘all over the place’ and can’t seem to grip this problem. Ages are also relevant.

If you can explain what difference it would make to how the house came into my possession or the car into their possession or how old the relative is or what relation they are to me, then I might answer the questions.
I haven't answered the make and model of the car either because I don't want the thread derailed.
I don't think I'm particularly all over the place personally

It's clear that I might as well talk to the wall because you're totally ignoring my posts. But for the third time, get your home insurance policy out, call the free legal helpline and TALK TO SOMEONE LEGALLY QUALIFIED.

1. I would arrange to have it towed. The towing company will be insured, so if the vehicle is damaged while being towed, any costs will be covered by their insurance. Take lots of photos/videos to show clearly the condition of the car before and after.
2. If your relative doesn't have an accessible garage the car can be towed to, buy a cheap car cover, so it won't be "open to the elements". Have it towed to their driveway, pop the cover on. Chances are they'll stick it in their own garage anyway, but you will have done your best to allay their concerns.
3. Put your house on the market.

As has been mentioned you can insure a vehicle stored elsewhere. But I wonder what address the insurers have. If the garage burnt down would your insurers be happy about long term storage of a vehicle and possible liability. I would ask your insurers if they have an issue with it, which might impact the owner's coverage. I'd get legal advice and speak to insurers too.

I did say that OP wouldn’t be responsible for the fines regarding lack of tax and insurance - that’s down to the registered keeper. But since she’s the one removing the vehicle from her property to a public road, she would be open to any civil action from the local authority if they view it as abandonment - which technically, it is.

OP gave her permission originally for the relative to store the vehicle on her land. She needs to formally remove that consent before she does anything. If she then removes the vehicle under her own steam the relative can sue OP for tampering with the vehicle without permission. OP says she wants to do things legally. So there is a process, which, if followed, will ultimately result in the removal of the vehicle with no comeback on OP.

This.

There have been a lot of posts, I have tried answering most, what do you think I've ignored? If you think I've ignored the 'get legal advice' I've already said I will. It doesn't mean I can't also ask for people's opinions on here before I do

And 4. Get ready for your litigious relative to slap you with a civil suit for tampering with the vehicle without their permission.

This is enraging… I’ve had a bad day to be fair, but people can be so outrageously entitled. I’d be tempted to dump it somewhere and tell the relative it’s been nicked. Only slightly joking

Given that solicitors are never ones to pass up business, I would imagine they would tell you your sister tampered with the vehicle without your permission, and offer to represent you !!

Thank you, no good deed and all that...

What could they actually claim though? What financial loss? What emotional distress?

Did you inherit your house and the car was stored there prior to that? That’s the only reason I can think of for relative to not move it. If it was there before you owning the house I’m really not sure what you can do.

If OP were simply to dump the car on the road and the relative was fined as a result, I would imagine they would try to recover those costs - they can be hefty.

Maybe offer to buy the car from the relative? They get a chunk of money, you get to deal with the car as suits your house move.

I would look for solicitors who specialise in conveyancing and in private client / property law. Check how long the house selling process is taking locally - AFAICT it's much slower than it was historically so you may be able to deal with the house sale and the car at the same time.

Why don’t you make it you’ll dispose of it then if that’s the clear legal route? Wouldn’t bother me, say I’ve contacted several collectors and explained the circumstances, will be pursuing interest.

What are you on about? No court is going to order someone to keep indefinitely storing someone else’s property for them, they just won’t. You are reading in some sort of weirdness to get to a position where the op is legally bound to deliver free storage, but seems incredibly unlikely, based on god knows what inferences.

Can you give any examples of case law underpinning this view?

But here lots of people are giving you terrible advice. Surely you're looking for accurate advice, which you could have got free of charge, by making a phone call?

The worst thing about my legal nightmare was getting conflicting and inaccurate advice, just as you are. I nearly cried when I called my helpline, and within a couple of minutes, a wonderful young woman solicitor spelled out clearly that I wasn't going mad, and then gave me clear, authoritative and empathetic legal advice. It was such a relief.

For the record, I found that I had access to that helpline at 10:30 pm, and called it five minutes later. That was the first full night's sleep I had in months.

That's why I plug away about this. Because it's just SO valuable, and hardly anyone knows they have it.

you are the author of your own misery with your hesitancy. Just get the thing towed to their house and deal with whatever afterwards. Trying to work this pedantically by the book is what is stressing you now. A lot of people would tow and dump it anywhere (just say it was stolen) after 10 years, you can bring it to their property if you feel charitable.

I would put the house on the market and ask your conveyancing solicitor for advice on this issue..the relatives seem to know you are waiting on them before you proceed so maybe they don’t think you are serious about selling. If you start the process of the house being advertised they may come to realise they need to move it