Pedestrian Dropped kerb for crossing, do we have permission to use for driveway

roni87

We are buying a house with a council dropped kerb for pedestrian crossing which all the previous owners have always used to gain access to their drive. The estate agent has said it has sold 3 times previously with no issues, but my solicitors are saying we need permission off the council to use it. I spoke to the council and they don’t seem to think it is an issue but my solicitor is still pushing and saying the house value is affected by it technically ‘not having a driveway’ as it’s inaccessible! which then affects our mortgage. We are right near completion and don’t know what to do! 

I know the sellers aren’t willing to lower the house price as this has never been problem before, and I don’t want to push that as I feel they will pull out. 

Has anyone else had to deal with this? 

davidmcn

Have you got a picture? Finding it difficult to imagine a dropped kerb for pedestrians which is wide enough (and in the right place) for use as access to a driveway. 
What exactly did the council say to you about it?

robatwork

This is similar but the advice is sound:
https://freeconveyancingadvice.co.uk/Q&A/legal-indemnity-insurance/shared-access-driveway

Also, I would insist on indemnity insurance and getting the seller to pay for it. But only you can decide how much to push it.

Barny1979

If the Council has ok'd it, have you received it in writing? A pedestrian dropped kerb is not built to the same construction depth as a vehicular dropped kerb due to the load--bearing it needs to take.

[Deleted User]

I would be led by your solicitor, it's not worth it to just let this go - that's only my opinion though - the reason i'd want it sorted out now is so that it doesn't become any type of problem at any future point. 

The council not thinking it's an issue means nothing - from experience i know that one hand often doesn't know that there is a right, let alone what it might be doing.

davidmcn

robatwork said:

Also, I would insist on indemnity insurance

Which would be likely to be unenforceable if the OP has already had a chat to the council about it...

ElephantBoy57

roni87 said:

We are buying a house with a council dropped kerb for pedestrian crossing which all the previous owners have always used to gain access to their drive.

Is this where people stand in order to use the zebra crossing, sounds dodgy to me. Surely there is the Belisha beacon there?

Cash-Cows

Picture? Are there reasons why this was never a full vehicle access? Possible reasons why not: Visibility, drive not long enough (needs 5m), on a classified (high speed) road, conflicts with traffic signals, roundabout, priority junction or zebra crossing, street lighting columns too close to the access. 

Aranyani

When deciding whether to listen to the estate agent or your solicitor, I suggest thinking about which one you are paying to act in your best interests. 

Barny1979

ElephantBoy57 said:

roni87 said:

We are buying a house with a council dropped kerb for pedestrian crossing which all the previous owners have always used to gain access to their drive.

Is this where people stand in order to use the zebra crossing, sounds dodgy to me. Surely there is the Belisha beacon there?

It'll be an uncontrolled crossing point.

ElephantBoy57

Barny1979 said:

It'll be an uncontrolled crossing point.

Surely the only part of a crossing that is 'dropped' is the place where people cross?

Perhaps the OP means something else, he needs to clarify.