Is granting "Right of way" equivalent to adjusting boundaries of the property?

mrschaucer

Maverickon said:

 the developer is asking more than required and is pointing to a clause in the contract that states the "Seller may need to make adjustments to the boundaries of the property but these will not significantly alter its area or value and the Buyer confirm it will assist the Seller by entering into any deed varying the original Contract/Transfer plan as necessary".

My question is granting "Right of way" equivalent to adjusting boundaries? Any help will be appreciated.

To come back to your original question, if the developer is relying on this clause to bind you (which in itself is highly dubious, as previously said by numerous posters), then it merely talks about adjusting boundaries.  There is nothing at all in there requiring you subsequently to grant rights of way over your property to correct the developer's mistakes. 

davidmcn

If you have a mortgage then presumably your lender would also need to be a party to any such changes?

getmore4less

What does the planning say?

Go to the planning portal go through everything for the development from the initial application.
There should be a report or references to the parking arrangements.
Often over time there are supplementary reports or changes to the development as the developers try it on by making amendments.

Our council does not like parking spaces as part of their policies to reduce cars and encourage public transport cycling so have strict requirement on developments and detail the amount of spaces and what they are for.

Might be they changed something with the layout and this got through as those working on the deeds did not update them. 
 

Why did you get the developer involved when the initial problem was just the ROW for next door.

Maverickon

@getmore4less
The planning says it is unallocated space. I didnt involve the developer. I approached conveyance solicitor through whom I purchased the property and they involved the developer.

Norman_Castle

Could you offer to agree to the row being added to the deeds on the condition the unallocated parking on your land is allocated for your sole use?

Agree with others that this is not your problem to resolve, its between the neighbour and developer, you don't need to agree to anything.

Keep in mind you could block access to the garage as there is no current right of way over your land, remind the neigbour of this.

gwynlas

Maverickon said:

Thank you all for the replies.
@gwynlas
Neighbour has a designated parking bay in front of their garage and the only way they can access their parking bay is over my driveway. 

Giving them access to their garage, which might or might not be useable on a daily basis is a different issue to giving them constant access to their allocated parking space in front of garage. This means that you presumably have to leave driveway free at all times hence my raising the issue in my initial response
 Granting a vehicular ROW  means that you retain ownership of the driveway and sole responsibility for insurance/maintenance when in effect you would have devalued your property by agreeing to their sharing your drive.
You are already having problems with this neighbour I would be looking at substantial recompense from the developer for their mistake.
Would you have bought this property knowing it was a shared situation? Whilst you both know the background to the issue I forsee further problems down the line.

getmore4less

Maverickon said:

@getmore4less
The planning says it is unallocated space. I didnt involve the developer. I approached conveyance solicitor through whom I purchased the property and they involved the developer.

There is probably more in the consultation documentation. 

As the space is on your land is there anything in your deeds to stop you changing use from a parking space?

Was the conveyancer a developer one or independent? 

DoaM

getmore4less said:

Was the conveyancer a developer one or independent? 

I think the OP mentioned earlier in the thread that the conveyancer was part of the developer's panel.

getmore4less

DoaM said:

getmore4less said:

Was the conveyancer a developer one or independent? 

I think the OP mentioned earlier in the thread that the conveyancer was part of the developer's panel.

That may explain why the problem was overlooked at purchase.

As a buyer with an obvious shared drive you should check what rights both parties have in particular make sure maintenance was shared if on your land.
Even more with a mystery space on the land not obviously one of your parking spaces you would want to know who has access. 

That conveyancer has probably been negligent.

Wonder if they read the deeds when they bought? 

Maverickon

Can someone please clarify if "Visitors Parking" and "Unallocated Parking" are one and the same?