Buying house: Right of way / parking concern

dlmcr

I used to own a house with this exact same set up, ie small rear gated concrete garden area with off road parking accessed by a narrow shared driveway area with various rights of way but not parking and which nobody seemed to know who owned. I didn't have a car so it didn't cause me any problems but I figured out that if I did have a car and did need to get access to park it (or remove it from) my rear paring area, then about 50% of the time I would have needed to find the owner of whichever car of choice was blocking the access at that time and then get them to move it... and if that was in the morning when I was blocked in that and getting late for work that would mean waking people up and getting them to move their car out of the way and all of the potential for disputes which I would then have to declare when selling.

To me it would have been impractacal to own and use a car to park in my parking area at the rear. Strictly speaking that house should never have been sold / marketed as having off road parking and the concrete area should have been turned back into a proper garden because it was never going to be practically useable as a car parkling area.

Thankfully I've now sold that house and in future I would only buy somewhere that has a driveway that is part of the title deeds for my sole use and that leads directly onto a public highway. In other words where there is no possibility of being blocked in or out from your driveway.

My advise is quite simply to not buy this property as this issue is not easily resolveable and has the potential to cause a massive headache!

Davesnave

22 answers, and counting......

But the correct answer was given straight away:

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.

It doesn't matter what the legalities are, you will always have a problem with this if you buy the house.

The other people and their cars will always be there; not always the same people and maybe not every day, but if you can't live with that, walk away.

23 now!

moneyistooshorttomention

..and answer no. 22 is the crux of the matter I feel - ie some houses (including this one) have been built with a "back garden" in the back garden and hence will only, realistically, function with the back garden turned back into a "back garden".

The house wasnt designed to have a parking space in the back garden in the first place - hence why it's not working as a parking space.

Some of us could buy a house like that (ie me for instance - as I dont have a car and would turn it back into a garden). But for those who expect to have a car and park it on their own land - that house won't work.

lincroft1710

moneyistooshorttomention wrote: »

- It is illegal to park on a ROW (except for anyone that specifically has it written into their deeds/Title Plan that they own the bit concerned and are allowed to). They can only be used to "pass and repass" and it is not allowed to actually park on them.

Could you quote the enabling legislation please, it would be a useful reference for the future.

AnnieO1234

lincroft1710 wrote: »

Could you quote the enabling legislation please, it would be a useful reference for the future.

I think the poster is getting confused between a public right of way (ramblers etc) and a private right of way by virtue of deed. Xxx

Maisie11

Please just walk away from this one. Or at least get the vendor to resolve this BEFORE you buy the house to the satisfaction of your solicitor. This reminds me of one of those situations where 'it becomes the principle of the thing'.


You see people who use life savings fighting over overgrown trees and hedges and who should really know better. They make themselves ill fighting these sorts of battles. I so agree with a PP - its not what is legal or not. it might not even be that clear legally and people often pick out the 'bits' they want to hear and ignore the rest.


Fighting with neighours before you have even moved in means that when you come to sell yourself the house will be much harder to sell. You have to declare disputes these days and who really wants to live next door to someone who is out to get you?

moneyistooshorttomention

lincroft1710 wrote: »

Could you quote the enabling legislation please, it would be a useful reference for the future.

It would take some finding to get to it - but I saw it there on the Garden Law Forum website somewhere (think it might have been either Pilman or Conveyancer that stated this - ie the two most knowledgeable contributors on there). Pretty certain it was Pilman (and he/she is obviously some sort of legal bod).

lincroft1710

AnnieO1234 wrote: »

I think the poster is getting confused between a public right of way (ramblers etc) and a private right of way by virtue of deed. Xxx

That's what I thought, which is why I asked the question

Dan-Dan

Someone still isnt learning not to give out duff info...

davidmcn

moneyistooshorttomention wrote: »

It would take some finding to get to it - but I saw it there on the Garden Law Forum website somewhere (think it might have been either Pilman or Conveyancer that stated this - ie the two most knowledgeable contributors on there). Pretty certain it was Pilman (and he/she is obviously some sort of legal bod).

I am some sort of legal bod, and can confirm that it's not "illegal" in the "criminal offence" sense anyway.