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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

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:
icingonmycupcake · Yesterday 19:04

Avacadosprinkles · Yesterday 16:54

No I'm past feeling bad. I just want the car off my property and back on their property without facing any legal problems myself

You've been given the advice for your requirements ie that you don't want any legal ramifications.

Consult a solicitor.

ThisOneLife · Yesterday 19:05

notretiredyet01 · Yesterday 18:51

Sadly, from what you are saying, the option that you want - that the relative collects the car before you put the house on the market - isnt going to happen. Selling a house in the UK takes months so I suggest that a) you document the conversations etc you've already had about them moving it including one final one b) you put the house up for sale as this will tell them you are serious c) take the formal steps warning them they have to remove and d) if they dont remove notify them that you are going to sell it and will keep they money for them minus your expenses pending making satisfactory arrangements to transfer said money ( and getting a receipt from them which you might have to generate and make them sign). Not what you wanted but you do seem to be stuck otherwise.

You can’t sell a car you don’t own! The documentation has to be in the name of the owner so that ownership can be transferred.

Newname26 · Yesterday 19:07

I think you need to consult a Solicitor too. I'm sure a solicitors letter will be enough to get them to take you seriously.
I'd only be giving 14-21 days tops for them to shift it.
BTW I also think asking for hefty storage fees might hurry them along.
That's how private car parks work. Park for more than 4hrs your agreeing to a £60 a day fee.

CombatBarbie · Yesterday 19:08

Given its been on your property for 10yrs there may be assumed ownership?

hexsnidgett · Yesterday 19:08

I wonder if they think you wont really sell the house? That it's just talk?
I would put the house up for sale and get the solicitor to write to them giving the a month or whatever to have it removed.

Newname26 · Yesterday 19:10

CombatBarbie · Yesterday 19:08

Given its been on your property for 10yrs there may be assumed ownership?

No it will have a registered owner.
Bit like houses the registered owner is the person who matters

bettyrubble99 · Yesterday 19:10

Get it towed to their address. What they do with it after that is up to them. Stop letting the CF dictate to you.

RandomMess · Yesterday 19:11

From an offer being made to being ready to exchange on a house would usually take 2-3 months, often longer. Obviously don’t exchange until the car is gone but using the legal system it could well already be gone by then.

Don’t delay putting the house on the market waiting for it to already be gone.

Rondayvu · Yesterday 19:13

Get it towed to bloody anywhere op. They are taking the mick. It is on your property so they are trespassing by leaving it there and they are illegally insuring it to a property they do not own and assume have no access too.

CombatBarbie · Yesterday 19:14

Newname26 · Yesterday 19:10

No it will have a registered owner.
Bit like houses the registered owner is the person who matters

Hmmm but a registered keeper is not necessarily the owner hence me stating assumed ownership.

FishPie2 · Yesterday 19:14

Re the car not starting. Our classic car was stored in a barn when we went away - all legal. It had never been moved for about 6 years and it started on the second turn of the key. There was nobody more surprised than us but it happened.

Rayna37 · Yesterday 19:18

Honestly you’re wildly over thinking this, just put the house on the market! If they’re enough of a CF to leave if there when you asked for it to be moved then no doubt they think it’s fine until it’s actually sold. They’d have about 3 months to sort it once you accept an offer, surely you can’t think they’ll not deal with it then?

chocoluv · Yesterday 19:19

Avacadosprinkles · Yesterday 18:14

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

Honestly as long as you have evidence that you asked them to move it etc then you’ll be fine.

If it does go court, it would mean them having to do all of the work by applying to the courts, paying the fees etc

You could apply to the courts and pay the fees etc but that could take months and you’re using your own time, energy and money.
There’s also the slim chance that it may not be successful too.

Having it towed to their property means the car will be gone.
I doubt they’ll bother taking it to court but even if they do, you play dumb to a judge and show them all of the times you’ve asked them to remove it, including having to have it towed with your own money just so you can sell your house.

I got rid of something that wasn’t mine and was threatened with court action.
It never happened and I was told that basically it’s for the ex owner to prove ownership and why it was at mine in the first place and not moved etc.
The ex owner couldn’t be bothered with the hassle and there was a chance that as they left it at my property then they could lose the case.

Having it towed will be the best outcome for you in the long run 100%

PinkPanther50 · Yesterday 19:19

Surely just give them 28 days notice in writing that it needs to be removed£ and that if it hasn’t been then you will get it returned to their address. Then use a reputable classic car transport service who will have insurance in case there’s any comeback

EnterFunnyNameHere · Yesterday 19:21

I mean this kindly, but if you're willing to commission a solicitor to write the letter, just commission them to also tell you how to get this done!

GrannyGoggles · Yesterday 19:22

Get several quotes from companies who will move a vehicle, not towing, low loader. Look at specialists in ‘classic’ cars as well as more ordinary outfits. Get quotes for insurance. Share them with your relative. Give him, guarantee it’ll be a him, a time line. Be prepared to pay insurance and transportation. You shouldn’t have to, but you want problem solved, and as % of moving cost it will be negligible

Create a lengthy, detailed, written and digital time stamped trail.

And then action it, and grey rock. Make closed statements referring to emails dated outlining each stage

anterenea · Yesterday 19:26

Well here in France someone would contact the Gypsy community and the car would then disappear out of thin air - et voilà

FancyBiscuitsLevel · Yesterday 19:26

First things first, get the house on the market. Send them the rightmove listing with a message saying that you’d rather not get solicitors involved but obviously they need to shift the car before any sale goes through, do they want to start planning rather than it being a last minute panic.

Also speaking with a solicitor is a good idea. Do not delay selling your house for this nonsense.

AgonyAuntsortof · Yesterday 19:28

@Avacadosprinkles Surely there is much much more to this than a close relative unwilling, unbothered about your firm requests to move his car after 10 years?!?

did they previously live in the house?
did you inherit the house or had relatives contribute to its purchase?
do they own their own house or have a secure tenancy elsewhere?

where they live: is there a garage, or drive way they could park it or both?

are they known not to take YOU seriously? Are they known to not take anything and anyone seriously?
what other expectations do they place or on you or is this an isolated incident?
wjat favours have this person done for you in life. Your age and life circumstances. Their age and life circumstances.

do you see each other annually or communicate frequently?

yes, I am a lawyer!

WallaceinAnderland · Yesterday 19:28

@Avacadosprinkles does he own the land that the vehicle is SORNed on?

AgonyAuntsortof · Yesterday 19:28

EnterFunnyNameHere · Yesterday 19:21

I mean this kindly, but if you're willing to commission a solicitor to write the letter, just commission them to also tell you how to get this done!

This also

Avacadosprinkles · Yesterday 19:30

WallaceinAnderland · Yesterday 19:28

@Avacadosprinkles does he own the land that the vehicle is SORNed on?

No

OP posts:
Bupster · Yesterday 19:31

mate, why aren't you asking a solicitor, not Mumsnet?

getupdostuffgotobed · Yesterday 19:31

Not sure how far your garage is from their house?

When our camper broke down it was delivered to our house. It needed to go to nearby garage. By this time it wouldn't start or respond to its keys. I had intended to sort it myself, but it was beyond me.

The garage organised a 3rd party recovery company to pick up our van and deliver it to the garage who then fixed it.

Cost us about £60/70 and was included in the total.

Most recovery companies could do this, winch it onto a truck then deliver it to their address.

You shouldn't have to pay - they should but it would sort the problem out. Do they have a drive? Pump up its tyres so it'll roll.

Good luck.

Shade17 · Yesterday 19:32

ThisOneLife · Yesterday 19:05

You can’t sell a car you don’t own! The documentation has to be in the name of the owner so that ownership can be transferred.

In the UK there is no specific documentation which transfers ownership of a vehicle, only an invoice or similar.

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