Q:We have been clearing a previously unsecured site prior to development. It has been used as a local dump for abandoned vehicles, which we have

March 1, 2002
been removing and scrapping. Are we within our rights to do this?<p></p><p> This is a common problem faced by developers, but it may not be possible merely to dispose of whatever you find.</p><p> First of all you are obliged under s.12 Tort (Interference of Goods) Act 1977 to take all reasonable steps to trace the owner and notify him in writing of your intention to sell or scrap the vehicle, giving him an opportunity to collect his belongings. If you fail to do this, an irate owner may surface with a good claim against you. The DVLA will, on written application, release the details of the vehicle owner. </p><p> If you trace the owner you can claim any damage caused by the abandoned article but not storage charges. You owe a duty of care to the owner whilst the vehicle is still on your land. If you cannot trace the owner you should leave a laminated notice on the vehicle and at the site entrance. It is a wise precaution to erect a site notice clearly stating that the site is private property and that items left on the property will be removed and disposed of within a certain number …

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