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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:
MotherofPufflings · Yesterday 17:05

See whether you have legal cover on your home insurance and speak with them. IANAL but I can't see there would be any issue with you towing it to their house and giving them back their property as long as you have served them the correct notice. Returning their car at your own expense is more than you're legally expected to do, which is why I expect it's difficult to find any advice which covers this. But if they haven't suffered any loss as a result of you doing this, I can't see that they'd have grounds to take any action against you.

ThaneOfGlamis · Yesterday 17:06

Can you not just roll it onto the road and leave it for them to pick it up? If they don't then they will probably find the local authority saves them the job and takes it away for being parked on yhe road untaxed. No need to tow it to them.

Stilish · Yesterday 17:06

Just push it off the drive onto the road.

Friendlygingercat · Yesterday 17:08

You are in a similar position to a LL who has an ex tenants stuff left in their house. The legal route is to write to them giving them a stated period to collect the goods otherwise you will dispose of them. Send the letter by special delivery so you have proof they received it.

ifIwerenotanandroid · Yesterday 17:13

Avacadosprinkles · Yesterday 16:46

They don't take the car on the road, it's currently sorn but insured.
Quite frankly I think they just expect me not to put the house on the market whilst it's housing their car. I wish I was joking

Is it an attractive or covetable car? If so it might generate some interest in your property. Ask the agent to include it in photos. Presumably the relative will have to move it when the house sells.

wordler · Yesterday 17:15

Just go ahead with your house sale - send relative a letter telling them the house is on the market and if they don’t come and get their car before you exchange with the new owners then you’ll give it to the new owners.

backformoreofthesame · Yesterday 17:20

wordler · Yesterday 17:15

Just go ahead with your house sale - send relative a letter telling them the house is on the market and if they don’t come and get their car before you exchange with the new owners then you’ll give it to the new owners.

That isn’t correctly legally speaking and this is in a legal board and OP asking for the legally correct approach

Dollymylove · Yesterday 17:21

Have it towed back to their property. Then send a bill for it

LumpyandBumps · Yesterday 17:23

I don’t know the answer, but I can understand your hesitation.
I assume it’s a classic or vintage vehicle. Some of these are very valuable.
They clearly think it’s worth insuring even though they don’t drive it.
I can only echo the suggestions to seek specific legal advice. Just maybe a letter from a solicitor might carry more weight?

banmusk · Yesterday 17:33

Leave the garage door open in the hopes that someone will half inch it?

Blodget · Yesterday 17:34

Is your house on the market yet? I think it might help to put your money where your mouth is with that if you haven't already. Include pics of the garage & car in your Rightmove listing (you can always update them once it's gone) and make sure your relative sees the link. Maybe tell them you have had an offer accepted quite soon afterwards...

Your relative is not taking you seriously at the moment. Show them you mean it. They might blink first when they see you do.

I would do this first and talk to a solicitor once the house buying is underway. I do think plan A should still be to get them to move it themselves - bring to the solicitor the problem that you need it gone, not your chosen solution of moving it yourself.

I don't know why so many people are telling you to scrap or sell the car. Without the documentation saying you own it, I think that would be very difficult to do even if you wanted to.

We actually bought a house once and moved in to find a 3rd party's car on the drive. Ultimately the vendors sold the house successfully, we bought it successfully. Crack on, look resolute, fake it if you have to.

EmotionalSupportGoblin · Yesterday 17:38

Is there another close relative that could have a strong word with them, OP?

RafaFan · Yesterday 17:41

Victorius19 · Yesterday 16:27

It'll be worthless if it's been sat in your garage for 10 years. The engine will have ceased up and it'll need expensive restoration. That's why they don't want it.

I'd get a solicitors letter done, and say they have 28 days to remove it or it'll be scrapped.

Not necessarily. Classic cars in very poor condition regularly make very good money at auction - as seen on the Bangers and Cash TV show.
OP - is it perhaps that your relative just can't face dealing with it/finds it overwhelming? In which case you maybe could see if they would be up for selling it via one of these classic car auctions? It would be a pain in the arse for you to sort it out, but the auctioneers would come and remove it, and do the rest.

user67392097643 · Yesterday 17:43

I’d send a recorded delivery letter stating your intention to sell and move. If no response within whatever time frame you state, 28days? I’d follow up with a solicitors version, and then whatever the solicitor suggests for the next step.
I’d be tempted to them send it to an auction or a storage place with the relative named on the bills! Cheeky F…

fashionqueen0123 · Yesterday 17:49

Avacadosprinkles · Yesterday 16:58

Yes close relative so trying to deal with this in the least nuclear way possible. I've asked nicely, I've asked firmly. I've told them in needs to be gone within the month. Just get excuses of why they can't move it to their property, or that they're going to sell it (never actually seen any evidence of them trying to sell it) then they avoid the subject at all costs.
My patience has run out and I want to follow a legal route as they can be retaliatory and I want to make sure I'm protected

They don’t care about you so why are you caring so much about them?
I’d have moved it to the road years ago. Warned them so it can’t be SORN. Then they’d have to come and collect it.

No one is going to take a case to court of someone taking a car out of their garage that they don’t own as they’re moving! Good grief. You’re letting them take the absolute mick out of you.

Rightsraptor · Yesterday 17:51

If your relative claims to be intending to sell the car how will they do that? I'm concerned that such CFs will leave it where it is on your land and expect you to deal with prospective buyers.

fashionqueen0123 · Yesterday 17:51

SalmonOnFinnCrisp · Yesterday 16:51

Agree this is wet lettuce territory....
I also bet your relative is male..

Honestly if its an old car slip the lock
https://www.wikihow.com/Open-Car-Doors
Release the hand brake and just pop it on the road

Message and say its on the road nmfp.

(Not my fucking problem)

Edited

Exactly. Stop faffing about!

Gengha · Yesterday 17:52

Avacadosprinkles · Yesterday 16:52

I want to know what legal mechanism I can use to protect myself. If I tow the car it opens me up to legal problems

I originally thought I could do this through torts notice but that doesn't seem to cover being able to tow the car back to their property. I certainly don't want to end up with a criminal record if they decide to retaliate. I quite honestly wouldn't put it past them

This is what Google says about torts if wanting to use it to the owners property-

You cannot legally serve a standard Torts notice and privately tow the vehicle to the owner's property yourself. In the UK, forcibly moving a vehicle without the owner's consent or a court order risks allegations of criminal damage or theft. The legal process depends on whether the vehicle is considered abandoned or simply a trespassing nuisance. 1, 2, , 5]

How is it theft or criminal damage?

You can’t be stealing it if you are returning it to the owner and towing it won’t damage it?

whyyyyyisitmonddayy · Yesterday 17:53

Larrythecatforpm · Yesterday 16:17

Well it’s abandoned after ten years so scrap it. Ring a company they’ll tow it and scrap it for you.

You need a log book for that.

MachineBee · Yesterday 17:53

As they have told you they intend to sell (but haven’t got round to it), I think you are within your rights to follow the torts notice and follow through with advertising sale. But check with a lawyer first.

Bumcake · Yesterday 17:53

If I were you I’d put my house on the market and send them the estate agent link.

Therescathairinmybath · Yesterday 17:57

Get it towed back to the relative and send them the bill, (which they won’t want to pay).

Happyjoe · Yesterday 17:59

Avacadosprinkles · Yesterday 16:46

They don't take the car on the road, it's currently sorn but insured.
Quite frankly I think they just expect me not to put the house on the market whilst it's housing their car. I wish I was joking

These kinds of people deserve no consideration. You've asked nicely, several times. I would tow it out of the garage and leave it on the road. As it's sorn'ed, no MOT, you can then contact the council and they will investigate.

Am sorry, but to expect someone to keep their car for a year is a pee-take, let alone 10 and then not to expect you to sell is insane. After 10 years and they've done nothing with it, they have no intention in doing so either.

Just don't give your forwarding address!

KrazyKatty · Yesterday 18:00

I’d just get it scrapped and let them whine afterwards. Tort law is all about being fair and reasonable and no judge will give them the time of day after they’ve taken the piss for 10 years.

InveterateWineDrinker · Yesterday 18:01

Play with matches in the garage.

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