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ReadyLaw
ReadyLaw, Lawyer
Category: Property Law
Satisfied Customers: 1038
Experience:  Adjunct Lecturer at University of Technology
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My father is the owner of the house and property. His son in

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My father is the owner of the house and property. His son in law has property on this and my father wants it removed. What are our options
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: No madam
JA: Where is the house located?
Customer: M27 5YP
JA: Anything else you want the Lawyer to know before I connect you?
Customer: NO MADAM

Good day your question has been forwarded to me to see if I may be of assistance.

What kind of property does he have there?

Customer: replied 11 days ago.
Hello there. He lives in a semi-detached house that he owns outright. His step-son has moved alot of heavy equipment into his garage (tools etc). My father wants this out of his garage, but if his step-son refuses how long does he have to wait before he can arrange for it be removed himself? Essentially, how much notice or length of time does he have to give his step-son? Many thanks for your help

Thank you for the additional information.

 

If the son-in law has parked on the property without the consent of your father, this amounts in law to trespass. Your father could therefore bring a civil action against him to have his property removed and/or seek compensation ( referred to as damages) for this.

 

He would first be required to write to his son-in-law advising him that in parking the vehicle on his property without his consent amounts to trespass. he should also notify him of his intention to commence legal action against him. If you receive no response to this letter within 14 days you may commence legal proceedings.

 

You commence legal proceedings by completing and filing at your local county court the form N1. Please see copy below. https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

 

Please note that you are required to print three copies of the form when filing it.

 

I hope I was able to help. Kindly let me know if I may be of further assistance.

 

Kindly indicate by clicking on the stars at the top of the screen whether you have accepted the answer given.

 

best wishes

RL

Customer: replied 10 days ago.
thank you so much madam. it was with his consent at first but he now withdraws it. Does this make a difference madam?

You are welcome.

 

It does not make a difference really. At the point he withdraws consent, the son in law would become a trespasser.

I would therefore encourage him to include in the letter that any consent previously given is withdrawn. In those circumstances, the son in law would be deemed a trespasser

Customer: replied 10 days ago.
Thank so much madam, this advice has been invaluable and I do appreciate your expertise!
Customer: replied 10 days ago.
Hello again. Many thanks for all your help so far. I just need to know that if my father's step-son doesn't remove his property within 14 days of notification whether my father would be in his rights to dispose it? Many thanks again

You are welcome. Happy I was able to asssist.

No, I had previously recommended that he took court proceedings against him on the basis of trespass. Please see original guidance.

 

Whilst he may dispose or remove the property, he may open himself up to a claim from the son in-law for damages. As such, I would not recommend this. If it is he removes it, he should ensure it is not damaged and it is moved to a location where the son in law is able to retrieve it. My overarching guidance is for him to proceed to file a claim in trespass in the court and for the court to make an order for its removal.

 

Best wishes

ReadyLaw and other Property Law Specialists are ready to help you
Customer: replied 9 days ago.
You have been immensely helpful madam. We both thank you very very much. Very best wishes, Michael and my father John