Could my friends car, parked on my drive stop me from selling my house?

Chief_of_Staffy

https://forums.moneysavingexpert.com/discussion/comment/81984763#Comment_81984763

Nope. The seller must state this as relevant information and provide it to prospective purchasers. Whether the situation gets resolved at a later date is irrelevant.

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/6665162/could-my-friends-car-parked-on-my-drive-stop-me-from-selling-my-house

According to The Met it’s trespass if the person doesn’t have your permission to park their car on your land. Trespass is a civil matter so the police won’t intervene.

First thing to do is write to your friend (a letter, not a SMS or WhatsApp or whatever else) and get proof of postage. In the letter give them a time frame, say 14 days to get the hunk of junk off your property. You could pay a solicitor to write and send the letter if you feel unable to do so yourself.

Then if/when the 14 days are up and the car is still there you’ll need to send a second letter, this time a ‘letter of warning’ detailing their trespass. After that it’s off to county court. That’s the legal, by the book, method.

Another option would be to move the car on to the street and if it’s not taxed to be on the road because it’s SORN, which I suspect it is, grass him up to the DVLA. Eventually he’ll have to move it or the vehicle will be crushed by the DVLA.

Either way, you want it gone before you even start viewings.

https://www.met.police.uk/advice/advice-and-information/asb/asb/antisocial-behaviour/nuisance-parking/

TroubledTarts

What state is the car in, it's it seized up from not moving, does it even have wheels on it?

If you were to move someone else's property even if it is on your property do a full video of the condition so they don't try to say you caused more damage to the car and use a professional company maybe one that can lift the car onto a flatbed and then place it on the road or deliver it to your friends property or maybe their families if this is easier.

eddddy

I'm no expert on this, but the .gov website seems to say local authorities have a duty to remove abandoned vehicles from private land.

Link: https://www.gov.uk/guidance/abandoned-vehicles-council-responsibilities

So I guess you could report it as abandoned, and then the council will write to the car owner giving them 7 days notice to collect it, before disposing of it. And it looks like you could describe the car as abandoned, if any of the following apply:

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81985195#Comment_81985195

I disagree.

When viewing a house for sale, there are all sorts of things that will be viewed such as furniture, TVs, cars parked in the garden, etc. The presumption from a purchaser would be that all such items will be removed prior to the sale completion date.

If, somehow, the OP gets the friends car removed prior to completion, then there is nothing to be said.

If that is not the case, then the car would need to be listed in the F&F form, though that is normally for items that will be left and become the new property owner's possession as part of the purchase. Quite a difference between a curtain rail or light fitting and a car that, potentially, still belongs to someone else. Listing the latter on the F&F form could quite possibly pause the sale from proceeding.

user1977

https://forums.moneysavingexpert.com/discussion/comment/81985195#Comment_81985195

In answer to which of the standard enquiries?

Chief_of_Staffy

https://forums.moneysavingexpert.com/discussion/comment/81985412#Comment_81985412

"Is the seller aware of anything which might lead to a dispute
about the property or a property nearby?"

The car of a third party abandoned on the driveway is highly likely to lead to a dispute.

We won't know what the outcome is as the OP seems to be adverse to discussing it, but they'd do well to heed this advice.

Chief_of_Staffy

https://forums.moneysavingexpert.com/discussion/comment/81985393#Comment_81985393

That would be reasonable in the absence of

a) the owner of the item refusing to remove it, and

b) the legal and logistical difficulties and costs in the owner removing it themselves.

The buyer can't list someone else's car on the F&F form as it does not belong to them. A person cannot transfer ownership of something they do not own.

The upshot is, the refusal of the owner to remove it 'might' lead to a dispute, and as such the seller is mandated to disclose it on the TA6. They can opt not to and hope it works out, but that's up to them.

user1977

It isn't a dispute "about the property", it's a dispute about a moveable item which is removeable from the property one way or another. It shouldn't be of any more concern to a purchaser than anything else which the OP will need to shift when they vacate the property. I don't think anybody is suggesting that the OP's friend has some sort of right to keep the car there which trumps the sale of the house.

_Penny_Dreadful

I’m picturing this…