Buying house: Right of way / parking concern

Chipydip

Hi all,


We are looking to buy an end of terrace house, but need some advice...


The only parking for it is to the rear, within a small, mainly concreted garden. Access to this is via a private (not sure who owns) side road for which all residents in our terrace-run have a right of way, but not a right to park.


However, as the road is wide enough for 2 cars, the neighbours on the terrace on the opposite side of the side road have taken to parking their cars down there, on their side.


The problem with this is that while the road is wide enough to squeeze 2 cars side by side, the access to our parking area is tight, so the path our car would need to take to clear the drive and join the road is being restricted by these cars.


Of course, they would also prevent us getting a removal vehicle down there if we were to buy the place and move in.


I have been loosely informed that the neighbours in the opposing terrace do not even have a right of way over this land (it does not run around the rear of their properties), let alone a right to park there, but given their own properties do not have any dedicated parking, they park there for convenience.


Before we buy, is there realistically anything that can be done to stop them parking their cars there? We really like the house, but will NEED them to stop blocking the path required for us to turn into our parking area, but quite honestly would rather they just didn't park there at all.


Would getting them to stop parking down there be easily enforceable, given they are parked over a right of way, or would they be able to successfully argue that their parking is not obstructing the right of way, as there is still space for a car to pass?


All advice greatly appreciated.

Cakeguts

They aren't going to stop parking there just because you want them to especially if they have got used to parking there. If parking is going to be an issue for you don't buy the house.

HouseBuyer77

Who owns the road? They're the one who needs to enforce parking restrictions. If they don't care not much you can do. Given the neighbours fit their cars in I presume you can park as easily as them (with the advantage of a private space).

Of course trying to stop them from parking there (successfully or unsuccessfully) is a great way to annoy your new neighbours.

No access to the front of the house for removals? Local councils will often grant exceptions allowing removals to park in places you're not normally allowed to. Just need to arrange in advance.

Chipydip

Cakeguts wrote: »

They aren't going to stop parking there just because you want them to especially if they have got used to parking there. If parking is going to be an issue for you don't buy the house.

I'm certainly not expecting them to be happy about it, but lets not forget they have no right to park there, and would be blocking my access, for which the right of way was granted.


Rather than worrying about reaction from the neighbours right now, it's the legalities of the situation I am seeking clarification of, and whether anything could realistically be enforced, should it have to come to that.

glasgowdan

You'd be buying a house with an instant set of headaches and hassle that won't go away. You'll have neighbours that dislike you for years and likely to create a nuisance whenever they can just to get back at you.

Right now, you can walk away from all that with ZERO loss to you, in time/cost/emotion. I'd choose that option.

Chipydip

HouseBuyer77 wrote: »

Who owns the road? They're the one who needs to enforce parking restrictions. If they don't care not much you can do. Given the neighbours fit their cars in I presume you can park as easily as them (with the advantage of a private space).

Of course trying to stop them from parking there (successfully or unsuccessfully) is a great way to annoy your new neighbours.

No access to the front of the house for removals? Local councils will often grant exceptions allowing removals to park in places you're not normally allowed to. Just need to arrange in advance.

If ignoring that its still potentially restricting a right of way, we wouldn't even be able to park there as there is only room to squeeze in 3 cars, so it would end up being a fight for a space.


No idea who owns the road at the moment. Definitely wouldn't be any of those parking there though.

AdrianC

Chipydip wrote: »

Before we buy, is there realistically anything that can be done to stop them parking their cars there?

It's not down to you to restrict their parking. It's down to the landowner, whoever that may be - and what they can do is restricted. It's illegal to tow or clamp vehicles parked on private land, and there are strict restrictions on issuing a penalty charge (some seem to think that's a good thing, to the extent that there's an entire forum on here devoted to helping people avoid the consequences of their wuckfittery in that regard, but that's a separate story entirely).

So about the only thing that can be done is to install some kind of access control barrier. You have a right of way, not a right to install any kind of hardware.

You may find a stroppy note on the windscreen helps - but I suspect that's already been tried by your soon-to-be neighbours.

Li0nhead

I can only see problems with this situation.

Cross it off the list and move onto the next one.

Chipydip

:-(


So even though they would be blocking my access by parking on my right of way (surely an offence?!), there really isn't anything that could be done??


Could those kind enough to have posted please clarify whether they are providing opinions, or information based on facts? Thank you.

AdrianC

Chipydip wrote: »

So even though they would be blocking my access by parking on my right of way (surely an offence?!), there really isn't anything that could be done?

Like I said - something CAN be done. But only by the landowner, or whoever they appoint to manage the land. Provided he meets all the requirements for issuing a penalty charge, it would be enforceable in court, even against the registered keeper if the driver can't be identified.

All your right of way does is say that you are allowed to cross the land. It doesn't grant you any more rights than that. If somebody blocks you IN, then that's an obstruction - but not if they block you out.

AnnieO1234

You're making a lot of assumptions here.

First of all the people parking might be the owners of said land, they may have been granted right to park there.

Where does your vendor park? What have they to say about said vehicles parked? A right of way to pass a motor car doesn't necessarily extend to a van so your argument about moving vans etc isn't necessarily relevant. They aren't blocking access as you have a frontage which is where you would be expected to take deliveries. What is the wording of the right of way? They're usually specific, "row for the pass and repass of a car or on foot in connection with parking at the property".

You need your vendor to sort this, if not you're going to end up with disputes on your hands which will need declaring when you come to sell.

Xxx