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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:
blackcatlove · Yesterday 18:05

You just need to send them a letter stating they have so many days to remove it or you will sell it. Fuck being nice about it, They are unreasonable.

Another2Cats · Yesterday 18:05

Nincompoo · Yesterday 16:45

Then you list it on marketplace and send the link to the owner and force their hand to come and get it, if they don’t then you sell it or scrap it. The ball is in their court.

Out of interest and just because I’m very nosy - what car is still expensive after 10 years dumped in a garage?

Edited

"...what car is still expensive after 10 years dumped in a garage?"

It depends, you might be quite surprised.

An old Mercedes, Porsche, Ferrari etc is likely still going to be worth money.

But some of these older cars have started to fall in value, especially over the last five years or so. So it depends on the exact make and model.

But also, newer cars are now becoming 'classics'. A good example of a 1980s Ford Capri can set you back up to £20k-£30k these days (although there are, of course, many that are much cheaper).

Likewise with Ford Escorts, old high-performance models can go for really silly money. A 1990s Ford Escort RS Cosworth can easily be upwards of £50k today and some have even sold for more than £100k.

tripleginandtonic · Yesterday 18:08

Tow it and dump it on their drive or road outside their house No legal comeback then.

chocoluv · Yesterday 18:09

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

I assume you have all of this evidence in writing?

If not, you could send a final message stating that you’ve had the car for X amount of time, that you need it gone by Y date and for them to arrange collection by then.

Then when Y date comes and goes, just arrange for it to be towed to their property when they’re out.

If any legal action comes out of it, you will have the written evidence that you have tried to get them to collect it.

No judge would blame you for needing it gone because you need to sell your home.

MeetMeOnTheCorner · Yesterday 18:11

They are not selling the car? How? It’s in your garage. Why on earth have you not returned it to them? Breakdown truck and deliver to their address. It’s quite simple! They then deal with road tax etc. What come back is there? Nothing I can think of.

Besidemyselfwithworry · Yesterday 18:13

Avacadosprinkles · Yesterday 16:21

It's an expensive classic car, so I don't want any legal come back from scrapping it, or dumping on the street.

Is it driveable? If so drive it round to them and if not I’d not be giving them 28 days I’d say 14 max!

Avacadosprinkles · Yesterday 18:14

MeetMeOnTheCorner · Yesterday 18:11

They are not selling the car? How? It’s in your garage. Why on earth have you not returned it to them? Breakdown truck and deliver to their address. It’s quite simple! They then deal with road tax etc. What come back is there? Nothing I can think of.

It's not legal to move the car without the owners permission. That's my issue. You also can't block access to it. The law is ridiculous on this
This is why I'm asking for what legal route I can take to resolve it. It would be a criminal offense for me to move it without authorization. Only a civil issue of them leaving the car on my property without permission

OP posts:
Avacadosprinkles · Yesterday 18:15

Besidemyselfwithworry · Yesterday 18:13

Is it driveable? If so drive it round to them and if not I’d not be giving them 28 days I’d say 14 max!

I don't have the car keys

OP posts:
WhatAMarvelousTune · Yesterday 18:15

Besidemyselfwithworry · Yesterday 18:13

Is it driveable? If so drive it round to them and if not I’d not be giving them 28 days I’d say 14 max!

She can’t drive it if it’s SORN

Avacadosprinkles · Yesterday 18:16

WhatAMarvelousTune · Yesterday 18:15

She can’t drive it if it’s SORN

Yes also this

OP posts:
BuckChuckets · Yesterday 18:24

Have you told them you're going to take legal action to get it removed? That might give them a kick up the bum to do it themselves!

AcrossthePond55 · Yesterday 18:25

@Avacadosprinkles

Any chance you can enlist other family members to ramp up the pressure?

I'm in the US and I think the UK law is crazy on this! In my US state, you could contact the police about a vehicle parked on your property and they'd arrange a tow to an impounds yard. You'd have to pay for the tow of course, but impound and retrieval fees would be on the registered owner.

Rondayvu · Yesterday 18:30

So they are insuring it under your address and not theirs? Thats invalidating the insurance policy surely if nothing else. I am sure now it is vintage that the people buying your house would love the car as a welcoming gift. 10 years this is going on...shocking.

humblesims · Yesterday 18:31

I've been through this exact situation. A torts notice is the way forward. You can download the correct wording free online and attach it to the vehicle and send a copy registered post to relatives address. 28 days (or 14). Then you can do dispose of it. However...if it is sorn you wont be able dump it on the road by their house. In my situation, after years of pleading it was the only option. They moved it about an hour before the tort notice ran out.

BeOchreDog · Yesterday 18:31

You can serve a tort notice and remove the car to a different place of storage so it isn’t on your land. Any storage costs can be recouped from the owner.

Nocameltoeleggingsplease · Yesterday 18:31

Sell the house with it there?
The buyers won’t know it isn’t yours.
Then discuss it with the solicitor you use for your sale.

Avacadosprinkles · Yesterday 18:33

Nocameltoeleggingsplease · Yesterday 18:31

Sell the house with it there?
The buyers won’t know it isn’t yours.
Then discuss it with the solicitor you use for your sale.

I wouldn't cause problems for potential purchasers of the property. I want to sort this properly before listing the house

OP posts:
Avacadosprinkles · Yesterday 18:34

AcrossthePond55 · Yesterday 18:25

@Avacadosprinkles

Any chance you can enlist other family members to ramp up the pressure?

I'm in the US and I think the UK law is crazy on this! In my US state, you could contact the police about a vehicle parked on your property and they'd arrange a tow to an impounds yard. You'd have to pay for the tow of course, but impound and retrieval fees would be on the registered owner.

Unfortunately the relative will be playing the victim in this, other relatives unlikely to be helpful

OP posts:
Idontmindmondays · Yesterday 18:34

I have no legal background, but I'd just put the house on the market, tell any perspective buyers it belongs to a family member and it will be removed.

I'd get a solicitor to send a letter advising you are disposing of your property and as per your previous communications you are unable to help them with storage any longer, give them a reasonable timescale, maybe 28 days to complete removal. From the brief reading I've done that should cover you to arrange for it to be sold/scrapped. If they want it they will collect it

PrizedPickledPopcorn · Yesterday 18:34

I think I would tell the the house is going on the market, and will be sold. That if the car is in the garage when the new owner completes, then it will belong to the new owner.

Also, get it valued by a specialist, or put it in a classic cars Facebook group for valuation. They go like hotcakes there.i got rid of a car that needed a low loader and was covered in mould internally, that way.

Avacadosprinkles · Yesterday 18:34

BuckChuckets · Yesterday 18:24

Have you told them you're going to take legal action to get it removed? That might give them a kick up the bum to do it themselves!

Not yet. I need to know what route I'm taking first before I plan on informing them of legal action.

OP posts:
user67392097643 · Yesterday 18:36

whyyyyyisitmonddayy · Yesterday 17:53

You need a log book for that.

You can scrap a car with no log book - it’s harder to do, but can be done. You have to inform DVLA and a proof of identity if i recall correctly. Not relevant to OP though as this car has a loving owner, although not so loving that they want it in their own garage…

prh47bridge · Yesterday 18:36

I see that you don't want to sell the car, but a notice under the Torts (Interference with Goods) Act would still be my first step. A formal notice that the car will be sold if your relative doesn't remove it from your property by a set date may be enough to get them to move it.

Sunshineandoranges · Yesterday 18:36

Phone lbc free legal hour for advice

TallagallaPenguin · Yesterday 18:41

Avacadosprinkles · Yesterday 18:33

I wouldn't cause problems for potential purchasers of the property. I want to sort this properly before listing the house

Given your relative is wholly ignoring you and doing nothing about it, I would just proceed with selling the property and keep them informed at all stages. If you wait to resolve it before selling you could be waiting for ever. If you sell the place they will actually realise you’re serious. Once it’s no longer yours / you’re exchanged, they won’t be able to remain in denial any longer.

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