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

Go to court to get a car off your property?! Why? Just tow it to a road near the relative and tell them where it is! Then they can insure it and tax it and move it. As it’s no mot, they need to park it off the road for repair. Of course the op can move it! Why is everyone such a wuss? Tell them it’s going if they don’t collect it!

I'd be very tempted to try to get into it and push it out onto the road, leaving it near a junction. It would soon attract attention and be clamped, or impounded.

And send an email, thanking them for moving the car...

As someone else said though if you get it moved onto their property what exactly are you going to be charged with? I mean apply a bit of common sense. As if the police are going to pay any heed to some CF moaning that they’ve been given their car back, that they’ve already been instructed to remove from your property. Towing a car is not going to amount to criminal damage. Towing companies know what they are doing. It’s not going to be theft as you’re returning it to the owner. If it’s put on their property then there are no driving offences.

Apart from the fact that the relative could sue the OP for tampering with property she doesn’t own if she moves it without permission, the car has been sorned. If the relative doesn’t tax and insure it before it’s moved OP will be liable to action from the local authority because leaving a sorned car on a public highway is technically abandonment and there are hefty fines.

There has been plenty of sound advice as to the most effective and cheapest legal way of doing things that will ensure no come back on OP. But still posters are advising ‘just tow it and dump it’.

If the OP gets the car towed and the relative refuses permission for the tow truck to enter their property, what’s she going to do then. The tow truck company wont enter the property illegally so the whole thing will have been a waste of time and money. What on earth do posters find so wrong with doing things the right and legal way ?

And as has been said many times before, the OP would be liable to hefty fines from the LA for abandoning a car on a public highway. It’s been sorned. They can trace it to OP’s property. She’s liable.

Exactly.
OP is getting tied in knots as if she will 'have a criminal record' for simply giving the car back! It has no basis in common sense or law. I live in an inner city suburb-I'd be amazed if the police turned up to a report of a stabbing/burglary let alone a squabble such as this.
I'm also assuming the parties are all retired as the only people in my own life who blow things out of proportion to this extent and catastrophise are older with too much time on their hands. Am not trying to be nasty here, I have personal experience of previously capable and level headed relatives losing their minds over the silliest of things when they have nothing else e.g kids, jobs to distract them. I think this is partly what's happening here.

Send the letter giving them 14 days.

Put the house on the market and send them the link to the listing, that should be the prompt to show them you're serious.

Is this thread still going? Is the OP still hand ringing over her situation and making something out of nothing.

Once they sell the property the car will be removed by xxx relative. There are plenty of people who leave and leave things until they HAVE to do something moaning and groaning whilst it happens.

After 10 years I would just assume they don’t want it back so it’s yours to do what you want with. I would get I scrapped.

But towing and putting on their property is disposing of it surely? Either way I would be selling it because why not. They’re much more likely to come get it if they see it up for sale after their deadline is up

Just say you’ve got a buyer and they need to move it within the next month.

I do admire the OP for remaining calm despite all the replies from people who are not legally qualified and/or pure nosy. And those who are asking for irrelevant details.

This is a post in Legal Matters, not AIBU

Give them fair warning. Come and get it or it gets sold with the house.

What would happen if you had a burglary & the car was stolen out of your garage ?

Leave garage open....

Tell me you didn't read any of the thread without telling me..

Because if OP dumps the car on the road, she's broken the law, she's dumped car - you can't actually dump cars on public roads any more than you can dump litter or kitchen sinks.

Regardless of what the cars owner may or may not do about it, the police could take action, she could be charged with theft, criminal damage, abandoning a vehicle.

And 'just tow it' - that assumes OP owns a tow vehicle, I suspect they do not.

So that means calling up a tow company and asking them to take a car they have no proof belongs to the OP (because it doesn't), and commit an illegal act (dump it on a public road). That would almost certainly void their insurance, they won't do it. She can't lie and say it is her vehicle as she has neither the keys nor the paperwork.

So your solution is not just impractical, it is illegal and impossible.

@Avacadosprinkles - send a letter before action, its free, it simply sets out what the situation is, what will or may, be happening, and in what time frame.

Then you've started the ball rolling and have time to find proper legal assistance IF it is necessary but often an LBA will make things move, if its set out properly (and much as it pains me to admit it, Chat GPT or googles AI will do that for you easily).

Ten years or not, it’s not OP’s property so legally she can’t dispose of it - if the relative can prove ownership OP would be liable. And If she moves it the relative can take civil action because she’s tampered with property that doesn’t belong to her.

She gave permission for the car to be stored on her property. She needs to send a letter before action (details upthread), formally withdraw consent for it to be kept on her property and set out clear expectations and time frames for the relative to take action to remove the car, and the consequences of not doing so. Which, to comply with the law, will involve seeking court orders for the legal removal of the vehicle, thereby protecting OP from any come back from relative.

Honestly, the number of people advising OP to ignore a simple legal route which will protect her interests, in favour of one which will likely get her prosecuted for abandoning a sorned vehicle on a public highway, and likely sued by her relative for tampering with his property is absolutely astounding. A quick fix is not appropriate here. OP needs to make sure she covers herself every step of the way and LBA gets the ball rolling.

I agree with you about AI. My advice was as a result of showing the OP to a relative who is a solicitor, but there is an excellent template online for LBA which AI will tailor to specific circumstances.

Any investigation by the insurance company would determine that the garage was left open, so cover would be invalid. Leaving the relative with a valid legal claim.

What could they do to you legally? I really do not understand your angst.

"Judge Op returned the car to my property as op wanted to reclaim her space"

Eh so what's the issue?

Judge i wanted to bully her into keeping my car on her property rent free.

Judge: get out of my court you idiot

I think it’s more the fear of damage to the car, or at least claimed damage. It’s a very valuable classic car.

I give written warning and then tell them the garage door is open and will remain open and if it's nicked it's nicked... I don't get what the pandering is for?! They haven't moved it for 10 years... That will be held against them if they try and take any kind of legal action... And why are you worrying about it being destroyed ?! If you take legal advise and the result is the cars destruction... What do you care? They had their chances. You're allowing this to continue by being so flippy floppy!!!

Take pictures tine stamped in garage. Pictures time stamped once delivered.

They have no legal case here

Because if you leave the door open you will be held responsible for the loss

But if you were to find someone had broken into your garage and stolen the car and dumped it somewhere without you knowing about it... it would have nothing to do with you.

Good luck. And never let anyone leave a car in your garage again!