Q&As

Local authority powers to remove vehicles of deceased owners.

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Published by a LexisNexis Local Government expert

Published on: 26 August 2021

Can a local authority remove a vehicle which has been left on the highway when the owner is deceased and no next of kin have taken ownership? Should the same procedures be followed but instead of letters addressed to the owner, should they be addressed to the estate?

We cannot answer the specific question asked because to do so would require us to give advice which we are not able to do.

Much will also depend on the specific circumstances of the case, whether the identity of any next of kin is known to the Highway authority and whether they have been asked informally to remove the vehicle. For the purposes of this answer we have assumed that the highway authority is unaware of the identity of any next of kin and has no means of ascertaining who the executors/administrators of the estate are or who may be able to remove the vehicle without use of statutory powers. In these circumstances, the vehicle may well be considered to have been abandoned.

Section 3 of Refuse Disposal (Amenity) Act 1978 (RD(A)A 1978)

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Jurisdiction(s):

United Kingdom

Key definition:

Local authority definition

What does Local authority mean?

The County, Unitary or london borough Council for a defined area.

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