Help end medical misogyny. Sign our petition.

Help end medical misogyny.
Sign our petition.

Sign the petition

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

How to get relatives car off my property

468 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:
3girlsmama · Today 00:07

If a leak in their garage has previously prevented them taking the car could your garage not also be experiencing a severe leak/flood/pine marten infestation that renders it unusable? Potentially invalidating their insurance. But, you'll do them the favour of immediately getting in towed to their property for safety.

Notthisagainyouidiot · Today 00:08

Put the house on the market. Tell all family the house is on the market so free car storage will be evaporating.
You've asked for it to be moved several times and it's still there because it suits them and nothing happens. Once the house is on the market it creates a deadline. Prevarication about putting the house on the market is just allowing the status quo to continue. Are they really going to risk your house being sold with the car still in the garage?

Ledwood85 · Today 00:21

bozzabollix · Yesterday 21:58

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.

I don't know about that. This whole scenario smacks of someone buying a not-so-special older car, thinking all they need to do is put it away for a few years and it will "be worth something one day" like it's an old barn find 1960s Ferrari.

It's a classic in their eyes and their eyes only. If it was anything special, they'd be giving more of a shit, and either enjoying driving it or selling it on for a nice profit. Could be it needs work and the owner is completely deluded - much like my friend's dad who has had his old mass-produced, nothing-special, MG rotting under a tarp on her driveway for the past 3 years. He'll get around to restoring it, so he says, only he's in bearing down on his 80s now. And still it stays there...

The fact there's little motivation to get it shifted suggests it hasn't yet risen in value or hasn't yet shown any prospect of rising in value. But that's all ok, because they have free storage and can play the waiting game.

I'd love to know what it is but I don't think OP would tell us (maybe please?)

Good luck getting it resolved, OP.

Kiwi09 · Today 01:16

I’d think the most simple place to start is to ask the solicitor you’ll be using to sell your house. They’ve quite possibly encountered similar problems before and it’s something that could perhaps be sorted with a short letter from them to your relative. It doesn’t need to be threatening, they could just word it as being part of their standard procedure to notify people in such cases that the house is going on the market and will be sold with vacant possession so the car needs to be removed by X date and that items left at the property after completion [insert what can happen to them]…..

daleylama · Today 01:33

Notthisagainyouidiot · Today 00:08

Put the house on the market. Tell all family the house is on the market so free car storage will be evaporating.
You've asked for it to be moved several times and it's still there because it suits them and nothing happens. Once the house is on the market it creates a deadline. Prevarication about putting the house on the market is just allowing the status quo to continue. Are they really going to risk your house being sold with the car still in the garage?

This is the cheapest, quickest way to get a response - your other options all incur costs for you. You seem wary of causing friction in the family, but no-one can object to this.

kiwiane · Today 02:47

You are not going to get them to move it whilst you do nothing to make it happen; you’ve even put off the sale of your house so you’re showing them it’s okay to leave the car.
Put the house up for sale - point out that you will be showing everyone the garage and its contents. See a solicitor this week and start documenting every request and response that you’ve received.
Once you have a sale then I would load the car on to a tow truck and drop it off; it would be very hard for them to take you to court over the return of their property!

maxslice · Today 03:37

One final email. And tell them if they don’t remove it by X Date, you will call a tow truck and have it removed. Then do it. It’s on your property without your consent. They no one to blame but themselves.

AgonyAuntsortof · Today 04:09

Avacadosprinkles · Yesterday 22:37

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

Ditto!!! I am not here to explain anything. Indeed, I didn’t provide legal advice - on purpose- on MN.

i only made an exception to warn you not to do what pp suggest: dumping it on street for council to pick it up. It is illegal.
I hope you can also see I stopped explaining why and how it’s illegal as I am not here to give legal advice!

good luck!

again, you seem to be dramatising it all. When dealing with an inherited property especially, the only clear thing to do is to seek legal advice from
solicitors. Taking any action without legal
advice in this situation, is recipe for disaster. Indeed your close relative seems to want you to go ahead and they sue you.

why are you moving- you don’t need to answer me. Relative seems to think you should house car, you are selfish ( you agreed they said this); and who knows if they are right? We only have your side!

AgonyAuntsortof · Today 04:18

3girlsmama · Today 00:07

If a leak in their garage has previously prevented them taking the car could your garage not also be experiencing a severe leak/flood/pine marten infestation that renders it unusable? Potentially invalidating their insurance. But, you'll do them the favour of immediately getting in towed to their property for safety.

Seems like op is expected to fix relatives garage. Are you @Avacadosprinkles

justasking111 · Today 05:03

Avacadosprinkles · Yesterday 22:23

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

They sound like quite dreadful relatives. Good luck with the solicitors

MargolyesofBeelzebub · Today 05:28

It seems you have a family conundrum, not really a legal one. Can't you create a whatsapp group with all the family members that matter to you (including car owner) and say something like.

"I plan on selling my house soon. 'CarOwner' has had his car stored in my garage for 10 years and is struggling to find a place to store it since I asked him to remove it [?] years ago. Could someone please offer to take it for him? I've given him plenty of notice but unfortunately he's unable to take it, and I need it gone in the next 28 days so I can start proceedings for selling up. Thanks all!"

Then you look helpful and everyone knows what's going on.

If nobody steps up, you can say something like "I've served CarOwner X days notice to remove it, otherwise I'll have no choice but to scrap the car. Are you sure nobody can take it for him?"

I just feel you need to control the narrative here, because your biggest fear is your family not liking you, not really the process of getting rid of the car.

AlphaApple · Today 05:59

ThreadGuardDog · Yesterday 23:01

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.

But if ahe gave the owner fair warning? Why would it be OP’s responsibility.

I am really struggling to understand the actual legal risk. It’s not fly tipping. She doesn’t own the car. Why would it be “illegal” to just put the car on the road as another poster said?

AlphaApple · Today 06:07

CharGPT from the opposing view:

In England and Wales (and broadly similarly elsewhere in the UK, although there are some differences), your legal position depends on several overlapping areas of law.
1. You remained the owner
The car is still your property. Your relative did not become the owner simply because it was stored in her garage.
However, ownership does not automatically mean she had to store it indefinitely.
2. She was entitled to ask you to remove it
Because it was her garage, she could withdraw permission for you to keep it there.
Once she gave you reasonable notice to remove the vehicle, you had a responsibility to collect it.
If you ignored repeated requests, she may have been entitled to take reasonable steps to remove it from her property.
3. Moving it onto the road is where things become more complicated
Whether she acted unlawfully depends on what she did and the consequences.
If she:

  • moved it carefully without damaging it,
  • genuinely had no practical alternative,
  • had repeatedly warned you,
then a court may consider that her actions were a reasonable way of ending the storage arrangement. However, there are significant issues:
  • A SORN vehicle should not be kept on a public road.
  • If the vehicle was uninsured for road use (or otherwise not compliant), placing it on the road could expose it to enforcement action.
  • If the vehicle was damaged, stolen, vandalised or seized because she put it on the road, you may argue that she was negligent or interfered with your property.
4. Could you sue her? Potentially, yes—but success depends on what loss you actually suffered. You might have a claim if:
  • the vehicle was damaged while she was moving it;
  • she deliberately exposed it to foreseeable damage or theft;
  • it was seized or you incurred fines because she knowingly placed a SORN vehicle on the road.
On the other hand, she would likely argue:
  • she repeatedly asked you to remove it;
  • she warned you exactly what she intended to do;
  • you ignored those warnings;
  • you left her with little choice but to clear her property.
A court could decide that your own failure to remove the vehicle significantly contributed to any loss. 5. If the car has been fined or seized If the authorities took action because it was on the public highway, liability isn’t automatically transferred to your relative. As the registered keeper, you may still receive notices relating to:
  • vehicle excise duty,
  • SORN breaches,
  • abandoned vehicle issues,
  • insurance enforcement (depending on the circumstances).
You may be able to explain the circumstances, but simply saying someone else moved the vehicle doesn’t necessarily remove your legal responsibilities. Overall You probably would not have a strong claim simply because she removed the car from her garage after giving you notice, particularly if she repeatedly warned you. You may have a stronger claim if:
  • she damaged the vehicle,
  • acted recklessly,
  • or caused it to be exposed to a foreseeable risk that resulted in financial loss.

Conversely, your failure to collect the vehicle after repeated requests is likely to weaken any claim and could be seen as contributing to the situation.

Rondayvu · Today 06:27

Avacadosprinkles · Yesterday 20:12

Yes they do come and check on it

Right well then you simply ping them a message to say you think something happened to the car and when they come to look at it hold them there till them and their car are gone. Sorry to say but I agree with a PP that you do seem to be wallowing in this. Stop being a people pleaser and to hell what other people think. Their car is not meant to be there and it is affecting you selling your home. Stop being a martyr and fuck what they say. Forcibly take the keys out of their hands and put the car outside your property and let them deal with the aftermath. 10 YEARS this is going on.

Avacadosprinkles · Today 07:08

AgonyAuntsortof · Today 04:09

Ditto!!! I am not here to explain anything. Indeed, I didn’t provide legal advice - on purpose- on MN.

i only made an exception to warn you not to do what pp suggest: dumping it on street for council to pick it up. It is illegal.
I hope you can also see I stopped explaining why and how it’s illegal as I am not here to give legal advice!

good luck!

again, you seem to be dramatising it all. When dealing with an inherited property especially, the only clear thing to do is to seek legal advice from
solicitors. Taking any action without legal
advice in this situation, is recipe for disaster. Indeed your close relative seems to want you to go ahead and they sue you.

why are you moving- you don’t need to answer me. Relative seems to think you should house car, you are selfish ( you agreed they said this); and who knows if they are right? We only have your side!

Edited

I've already agreed I'm not planning on dumping on the street illegally. That was never my plan and I have never asked if it was ok.
You don't want to provide advice or explain anything, fine
I also never said relative said I was selfish. I called them selfish. I don't see how anyone could be selfish for doing someone a temporary favour and the other person deciding to take the piss dragging it out for this long is going to be seen as the wronged party
On here you're not going to get both sides and it wasn't in aibu it was in legal matters. I know I'm not being unreasonable in wanting this car of my property or selfish so I haven't asked
You've asked for ages and relationship etc but I don't see how that is going to change my next steps. I'm have given the information that they are related to explain that it is not a random person's car, that I don't want to scrap it because of the wider fallout with family. Which family member and how old they are doesn't matter, you can say it's relevant but you won't answer why

OP posts:
Shade17 · Today 07:14

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

The OP hasn’t told us exactly how old it is, but there’s a strong chance it’s MOT and tax exempt.

SomeOtherUser · Today 07:21

How about towing it to the nearest on-street parking space, after giving notice to the owner? Sounds like moving their car could put you in legal jeopardy but I feel like you would have a good case not to be sued if you moved it the shortest possible route to get it off your property. Perhaps argue that you need to repaint the garage or some such?

You could give the owner the choice: either they explicitly agree to it being towed to their property, or you have it towed to the nearest on-street parking space with or without their agreement. If they think you mean it, perhaps they agree to the former.

fashionqueen0123 · Today 07:48

Avacadosprinkles · Yesterday 22:26

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

Of course you can put locks on your garage. Good grief.

Im starting to wonder if this is even real now. You could have had the car towed to their house years ago. You won’t even put your house on the market?! This is all sounding rather pathetic now.

Gengha · Today 07:52

fashionqueen0123 · Today 07:48

Of course you can put locks on your garage. Good grief.

Im starting to wonder if this is even real now. You could have had the car towed to their house years ago. You won’t even put your house on the market?! This is all sounding rather pathetic now.

This really. You’ve been told solutions but you find excuses not to do any of them. No wonder your relative takes the piss so easily, you seem a complete pushover

Avacadosprinkles · Today 07:55

Gengha · Today 07:52

This really. You’ve been told solutions but you find excuses not to do any of them. No wonder your relative takes the piss so easily, you seem a complete pushover

you should not block someone else's car in on your private property. Doing so can be considered a criminal offense (obstruction) if it forces their vehicle onto a public road, or unlawful detention of property.

I am trying to.follow the legal route to get this removed, not lashing out in frustration. Also if I change the locks on the garage, the relative then has an excuse not to move it because they couldn't get to it

OP posts:
fashionqueen0123 · Today 08:04

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Avacadosprinkles · Today 08:09

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

You can doubt all you like. My 'ridiculous excuse' is avoiding committing a criminal offence.
I have emailed a solicitor this morning to ask for quotes to go down the legal route

OP posts:
Dolphinnoises · Today 08:10

The house sale prices will take months. I know you don’t want to put it on the market with the car there but I would say to you if you want to do this cleanly, with minimal legal involvement and looking reasonable to your family, putting it on the market is your best weapon - or you’ll still be in this situation this time next year. This is what you do:

  1. Start a paper trail. Email to your brother (I’m assuming), saying “as you know, I’m selling the house” (so it’s clear this isn’t the first he’s heard of it). That you are listing it in the next fortnight, so can he remove the car in the next two weeks.
  2. Put it on the market. Exactly two weeks after your first email, send a follow up email saying that this needs to happen or you will be forced to get solicitors involved. Say something like “for the avoidance of doubt, this is a letter before action”.
  3. Start the process.

Use back channels. Tell your other family members there is an issue. Explain that you are moving so it can’t be helped. Ask if your relatives can support him to get the car moved (they won’t but it might make them back off). Ask if they could store it (they won’t but it will stop them condemning you for not storing it).

Nincompoo · Today 08:22

How often is said relative coming to visit his car?

ThejoyofNC · Today 08:31

God this is infuriating to read. It's pretty clear why the car is still there 10 years later, because of you.

Pay someone cash in hand to dump the car somewhere and deny all knowledge.