Editor's Blog1 min ago
Selling other people's property
3 Answers
Am I able to sell some old vehicles, a tractor, two lorries and a bus, which my father in law has left of my property??. He has been asked by myself and my husband (his son) to move these old vehicles.
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For more on marking an answer as the "Best Answer", please visit our FAQ.No, you can't sell them, as you don't have legal ownership. You do however have a tortious claim in nuisance and trespass to land, and could seek an enforcement of specific performance by the courts. This is an equitable remedy, so make sure in everything you do up to the case is fair and honest or you may be denied the remedy. You could also seek damages but this would be limited as you have suffered no harm or financial detriment. Try threatening to have the vehicles moved and pass the cost of removal on to your relative. Hope this answers your question.
Inform your f-in-l in writing that you want the vehicles removed within 1 month of the letter, which should be sent recorded delivery so he cannot deny receiving it. After that you could put the vehicles up for auction. It may be that he cannot be bothered to remove them himself but would be happy for you to take the time (and expense) to do so.
Keep copies of all correspondance
Keep copies of all correspondance