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Legal matters

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How to get relatives car off my property

461 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:
LyssaMoon · Today 18:51

backformoreofthesame · Today 18:42

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

I'd tell them to bring it on, lol.

Difference is that anyone that knows me would know I'd do it so the owner would be round in a flash.

MeetMeOnTheCorner · Today 18:51

@Avacadosprinkles What is illegal about removing the car and handing it back to them? What legal route is there? Does a solicitor ask more nicely! You are just being pushed around and are presumably scared! Their car - their responsibility! It’s pretty simple in terms of legal ownership and who is responsible for the vehicle. It’s not you. No wonder you’ve been messed around for 10 years!

FancyBiscuitsLevel · Today 18:52

Wheelerdeeler · Today 18:40

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

They have no legal case here

Except they do, if the car is damaged in the move from the OPs property to theirs. She has had some good advice of how to approach this to avoid any risks to her, particularly given she knows the owner is someone who would cause trouble.

The “just shift it” advice is taking a risk, she doesn’t need to put up with it forever, but she does need to tread carefully.

GlosGirl82 · Today 18:58

i had a similar situation but with a tractor and a neighbour. I sent them a letter stating that they had 7 days to remove it or it would be sold with the property - eg. The buyer would be the owner and they would receive no money ect in exchange for it. They moved it within 12 hours of the letter

ThreadGuardDog · Today 18:58

FancyBiscuitsLevel · Today 18:52

Except they do, if the car is damaged in the move from the OPs property to theirs. She has had some good advice of how to approach this to avoid any risks to her, particularly given she knows the owner is someone who would cause trouble.

The “just shift it” advice is taking a risk, she doesn’t need to put up with it forever, but she does need to tread carefully.

Absolutely this. There is also the fact that the car doesn’t belong to her so if she moves it, regardless of any damage, she’s leaving herself open to civil action from the relative for tampering with property that doesn’t belong to her. I’d also love posters advocating for OP to deliver the car back to the relative, to explain what she will do if the relative doesn’t give permission for them to enter the property - which he likely won’t if OP’s experience up to this point is anything to go by. She can’t just dump the car on a public road, because legally she’s abandoning it and opening herself up to action from the local council.

ThreadGuardDog · Today 19:00

MeetMeOnTheCorner · Today 18:51

@Avacadosprinkles What is illegal about removing the car and handing it back to them? What legal route is there? Does a solicitor ask more nicely! You are just being pushed around and are presumably scared! Their car - their responsibility! It’s pretty simple in terms of legal ownership and who is responsible for the vehicle. It’s not you. No wonder you’ve been messed around for 10 years!

The illegality and legal route that will protect OP has been explained ad nauseam upthread. Once she initiates it, it will allow her to get the car removed from her property without any legal recourse to herself. Posters who have no legal grounding are giving advice that has no legal basis and is likely to land OP in trouble.

ThreadGuardDog · Today 19:01

LyssaMoon · Today 18:51

I'd tell them to bring it on, lol.

Difference is that anyone that knows me would know I'd do it so the owner would be round in a flash.

So they would know who to slap with the summons then.

Berthatydfil · Today 19:13

My partner had something similar. His df died and his half sib had moved in with his df a year or so earlier.
He had a car but regularly used df’s car so sorned his car.
2 years later, he had to be evicted but left the car on the drive.

Dp did some research and first served him notice under the Torts process already noted above. Told him that if he didnt remove it, it would be treated as abandoned.

About 6 months later he still hadn't responded /moved the car, dp then applied to DVLA to get the car treated as abandoned and to have the V5C transferred to him.

(My understanding is that they then try to contact owner to establish situation - is it abandoned etc )
Fast forward a couple of months V5C arrives, dp gets scrappie to collect, he gets the scrap value (which he will pass on to half sib) and an empty drive.

So I suggest you go through the Torts process and tell your relative that if they do not move the car by a certain date you will treat it as abandoned and will dispose of accordingly and give him the proceeds.

You have to make your relative understand you mean business.

Coffeeismyfriend1 · Today 19:20

I’m selling the house, if you don’t remove it then it will be left in the garage when I move out.

I know you said you don’t want the faff of sorting it after the house is on the market but once it is and sold, the relative will have to face the fact that you are actually moving and the car needs to go too. Nothing else has worked so until you actually start the process, they won’t do anything.

wordler · Today 19:39

Sell your house. Tell relative that they'll need to turn up before keys are exchanged to move their car to your new garage.

When they turn up to facilitate this, wait until the car is out of the garage, shut the door and give them a letter revoking any offer to store their car at any property of yours.

SqueakyFromme · Today 19:45

ShetlandishMum · Yesterday 16:33

I would tow it to street parking and let them know.

I don't think it would be able to be towed the tyres will be totally degraded
It needs a low loader and that's going to cost to the OP I can't understand why it's been left so long! Ten years is outrageous CF territory.

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