What are my rights when removing a vehicle from my land?

Joe_Horner

htrj wrote: »

The vehicle is on my land, it is taxed and it is insured.

Does anyone know how much trouble I would find myself in if I picked it up myself and put it back on his property?

That really depends on how much trouble he wanted to make for you. If he really wanted to cause trouble, he could make a complaint of taking without consent. From what you've said so far, he sounds like the type who might.

Whether or not it would stick would depend on whether moving it off your land would count as taking it "for your own use", but note that returning it after you've finished with is isn't a defence against TWOCing! Probably aggro you could do without even if the police decided not to proceed. Also bear in mind that, if it went on the road to get from yours to his, you could suddenly find yourself being questioned about insurance etc.

Finally, if you do move it yourself then watch out for that very expensive damage that "you caused" while moving it without his consent - when "all you had to do was ask and he would have moved it for you".

It's quite possible none of the above would happen, but it could if he decided to kick up. Hence my earlier suggestion to play everything completely by the book. It'll take a little longer but keeps you absolutely in the clear.

TrickyWicky

forgotmyname wrote: »

Push it out into the road.

Oh really grow up! Not only will that lead to trouble for the op but if it's an automatic (and you have no idea of this) then it won't be moving anywhere if its in park. Even if it's a manual do you have any idea how hard it is to push a vehicle with a handbrake applied?

If the vehicle is taxed and insured it makes it harder to claim it's abandoned but not impossible. Write to the owner and tell him you will consider it abandoned if it isn't removed after seven days (and name a date - the 8th day from the date of the letter). As long as you can prove that this was delivered to him then the council will probably accept this as an abandoned vehicle.

Also put notices on the vehicle which warn of this removal / abandonement and take photos of them there (maybe put the current days paper on the windscreen to prove the date).As long as you can prove you've taken every effort to get the vehicle removed by the owner and he has not removed it then he has abandoned it.

Joe_Horner

TrickyWicky wrote: »

Also put notices on the vehicle which warn of this removal / abandonement and take photos of them there (maybe put the current days paper on the windscreen to prove the date).

Most councils will do this as part of their procedure before removal, so you don't even run the risk of him saying your adhesive damaged his windows. Showing that you've asked for it to be removed and had no response should be enough for the council to start their procedure, from there leave it to them.

It taks a little longer but it keeps you squeaky clean. The neighbour appears to be a bit of a knob, so play it strictly by the rules and don't give him any ammunition at all!

arcon5

Oh really grow up! Not only will that lead to trouble for the op but if it's an automatic (and you have no idea of this) then it won't be moving anywhere if its in park. Even if it's a manual do you have any idea how hard it is to push a vehicle with a handbrake applied?

If it's a manual as are majority of cars in this country then op can jack up the rear axle, a couple of men to control the cars pace. And the hope the land to the road is a straight line

Stooby2

There is some seriously bad advice being given here. You cannot simply push it off the drive. The OP would be well advised to go to Pepipoo or Legal Beagles, or even Citizens Advice Bureau and get some decent advice.

Here's one I found with a quick search...

https://www.askthe.police.uk/content/Q441.htm

htrj

Thanks everyone,

I had no idea this would begin such a reaction on the forum.

Believing he is the type to cause as much trouble as possible Ill write to him as you, and he, suggest.

System

pete428 wrote: »

if it is taxed (now we know it is) block it in so he cannot remove it.

Not a good idea. Since October 2012 that has been a criminal offence (P.O.F.A)

neilmcl

OP, just give the guy reasonable notice then remove it yourself, then send him a bill for the removal.

d123

htrj wrote: »

Thanks everyone,

I had no idea this would begin such a reaction on the forum.

Believing he is the type to cause as much trouble as possible Ill write to him as you, and he, suggest.

Stooby2 has given you the official answer and procedure in his link just above your post.

Q441: Someone has left a car on my land, what should I do?

If a car is on private land then normally it is the landowner's responsibility to remove it. However, depending on the circumstances, some local authorities will take responsibility for its removal.

If you decide to move it yourself, or make arrangements for this to be done, you cannot have it moved straight away. You should give the owner a reasonable amount of time (say, 14 days) to remove it. The safest way is to put a notice on the car stating that if the car is still there after in 14 days time then you will have it removed. If there are number plates on the vehicle, send a recorded delivery letter to the registered keeper giving the same information (and keep the proof of postage and a copy of the letter). A Form V888 from the DVLA will get you registered details so long as your request is considered legitimate.

Once you have given reasonable notice that the car will be towed away you will prevent the owner from subsequently claiming theft or damage to the vehicle. If you sell the car to, perhaps, a scrap dealer, you can keep the costs of removal, but any surplus should go to the proven owner if s/he ever turns up. If the car is worth more than scrap value, then you may be best advised to seek legal advice from a Citizens Advice Bureau or solicitor as to the best course of action.

The police can move cars on land in open air in limited circumstances. The power is discretionary and they are unlikely to remove a rusty old car which has been rotting on the land for several years.

If the car looks stolen (i.e. it has damage to the locks) then contact the police who will make further enquiries.

ClootiesMum

Not 100% sure on this but it might be of use - is car likely to be taxed & insured?
If car is not SORNed then I believe it should be insured. If not insured, would the police be more interested?
Just a thought.