SORN Car on my land

AdrianC

sj90 wrote: »

All I really want to know is can you keep a SORN car on land you do now own?

Of course you can - with the landowner's permission.

You are now the landowner.
You are now rescinding any permission he previously had, UNLESS his lease grants him permission.
He now has 28 days to get it shifted.
That easy.

That UNLESS, though, is the important one. If his lease gives him permission to park in the parking spaces (which is what we're talking about, right?), and doesn't say anything about roadworthy/taxed/tested etc, then you're stuffed. All you can do is ask nicely.

System

AdrianC wrote: »

You are now rescinding any permission he previously had..

Only subject to the wording in the lease.

If the lease gives him the right to park there then the only option is to attempt to renegotiate the lease. Don't expect it to be successful but do expect it to cost you money in your attempt.

AdrianC

!!!!!! wrote: »

Only subject to the wording in the lease.

Yes, I'd missed the detail that we were talking about a leaseholder originally.

fivetide

sj90 wrote: »

We have spoken to the DVLA and the council who have both agreed the council can remove the car at a cost to us.

I would just get that in writing and let him know you will be sending him the bill unless he gets cartakeback or someone to lift it for free (and potentially pay him for the scrap)

sj90

AdrianC wrote: »

Of course you can - with the landowner's permission.

You are now the landowner.
You are now rescinding any permission he previously had, UNLESS his lease grants him permission.
He now has 28 days to get it shifted.
That easy.

That UNLESS, though, is the important one. If his lease gives him permission to park in the parking spaces (which is what we're talking about, right?), and doesn't say anything about roadworthy/taxed/tested etc, then you're stuffed. All you can do is ask nicely.

The lease only specifies rights of way. There are no official parking spaces there is juts room for cars to park. So I assume that as it does not state they are allowed to park only that they are allowed to access their garages we can asked him to move.

sj90

fivetide wrote: »

I would just get that in writing and let him know you will be sending him the bill unless he gets cartakeback or someone to lift it for free (and potentially pay him for the scrap)

We have already done this, he has come back with 'it is not dumped and I am allowed'.

I wanted to get some specific legislation to go back to him with. But there is nothing in the lease so this is a start.

laidbackgjr

sj90 wrote: »

The lease only specifies rights of way. There are no official parking spaces there is juts room for cars to park. So I assume that as it does not state they are allowed to park only that they are allowed to access their garages we can asked him to move.

If that's what the lease states then I think you could enforce the removal of the car, however to be fair to all leaseholders you would have to remove all parked cars, otherwise you could end up in a dispute that they have been discriminated against.

AdrianC

sj90 wrote: »

The lease only specifies rights of way. There are no official parking spaces there is juts room for cars to park. So I assume that as it does not state they are allowed to park only that they are allowed to access their garages we can asked him to move.

You need to enforce all or nothing, then.

Either NOBODY can park, or anybody can park so long as they've registered their vehicle. Which he has done.

Do the Ts & Cs of registering the vehicle say anything you can use? Maybe to rescind that registration?

robatwork

sj90 wrote: »

We have already done this, he has come back with 'it is not dumped and I am allowed'.

I wanted to get some specific legislation to go back to him with. But there is nothing in the lease so this is a start.

Write, stating that any prior permission that may have been granted is specifically and entirely withdrawn.

As of 23rd March 2015 he has no permission to park on this land.

Give him 7 days to remove the car and state that after that time the car will be removed and impounded, and the car owner would be responsible for any fees to remove the car from impound.

Then do it.