Advert said garage and driveway... Searches say different

user1977

Lyd00 said:

Noneforit999 said:

Looking at the pictures in the other thread, its not as bad as I was expecting.

If the current vendors have been using it as a driveway since they bought it, I don't see why or how anybody is going to do anything if you were to do the same.

It sounds to me like you are ok with using the land to park on as long as the buyer gave you some money off?
So the money is the issue rather than the fact you won't own that land?

I'm not sure in OK with it because ultimately I can't sell it on (which I'll want to do one day) as having a driveway because it doesn't.

You're in no worse position than the current vendors - the property has a right of access, in practice nobody is preventing you from parking on the "driveway", nobody else cares because nobody else uses it for access (as far as I can see?). I expect the risk (of somebody prohibiting you from parking) could be insured against if you wanted to cover it off.

Lyd00

user1977 said:

Lyd00 said:

Noneforit999 said:

Looking at the pictures in the other thread, its not as bad as I was expecting.

If the current vendors have been using it as a driveway since they bought it, I don't see why or how anybody is going to do anything if you were to do the same.

It sounds to me like you are ok with using the land to park on as long as the buyer gave you some money off?
So the money is the issue rather than the fact you won't own that land?

I'm not sure in OK with it because ultimately I can't sell it on (which I'll want to do one day) as having a driveway because it doesn't.

You're in no worse position than the current vendors - the property has a right of access, in practice nobody is preventing you from parking on the "driveway", nobody else cares because nobody else uses it for access (as far as I can see?). I expect the risk (of somebody prohibiting you from parking) could be insured against if you wanted to cover it off.

No but I wouldn't dream of advertising it as having a driveway so surely that affects asking price? Hence me asking for some money off. I didn't think that was unreasonable.

I see what everyone's saying, that in reality I'm not likely to have any issues. But what if? My ex had neighbours from hell and there were parking problems every single day that started making us depressed - it can be awful. This is very different and I'm sure no one will have a problem but all 3 bungalows look onto my "drive". If a new resident moves in and with all that time on their hands etc.

It's an end terrace with no drive and parking at the bottom of the street technically. If you look closer at the photo there's a step into the coal room. You can't actually drive up to the garage properly. Basically I'm stupid. 

diego_94

Pull out and make a claim against the estate agent sprouting crap at you. Get a copy of the adverts that clearly shows the parking being advertised as they will probably be slippery and try to amend it now.

Tiglet2

Lyd00 said:

Noneforit999 said:

Looking at the pictures in the other thread, its not as bad as I was expecting.

If the current vendors have been using it as a driveway since they bought it, I don't see why or how anybody is going to do anything if you were to do the same.

It sounds to me like you are ok with using the land to park on as long as the buyer gave you some money off?
So the money is the issue rather than the fact you won't own that land?

It's not what I thought I was buying. If I'm able to pave it then maybe yes I still want it and take the risk. I'm not sure in OK with it because ultimately I can't sell it on (which I'll want to do one day) as having a driveway because it doesn't. And if worst came to worst I can't park nearby. I'm stuck and don't know what I want now 

It sounds to me as though you're not keen to take the risk of not having a proper driveway as part of your title, neither are you sure about selling on in the future, where you cannot advertise the driveway as part of the sale.

I really believe that you should look at other properties/options in the area and see what, if anything, provides the same living space but has a driveway and a garage (or potential to build one).  If you find such a property, then you should probably pull out of the current transaction.  The loss of money already paid out is a small price to pay for your long term satisfaction with your purchase.  If you cannot find anything that comes close to this property, then it's time to make a decision on whether to go ahead or not (possibly with a reduction in purchase price).  A reduction in purchase price still won't change the situation with the drive.  Can you live with that?

Lyd00

diego_94 said:

Pull out and make a claim against the estate agent sprouting crap at you. Get a copy of the adverts that clearly shows the parking being advertised as they will probably be slippery and try to amend it now.

I've got a copy of the brochure and I have a screen shot of the online advert as I also thought they might try to amend it.

From what I've heard I'm very unlikely to be successful in a claim for any costs incurred am I right? This is my first experience of trying to buy a house so never had a grievance with one before.

When I spoke to the manager yesterday she seemed to pass the book by saying "we don't have access to the titles. I put it in the brochure, and the vendor signed it to say it was correct".

Doozergirl

Lyd00 said:

user1977 said:

Lyd00 said:

Noneforit999 said:

Looking at the pictures in the other thread, its not as bad as I was expecting.

If the current vendors have been using it as a driveway since they bought it, I don't see why or how anybody is going to do anything if you were to do the same.

It sounds to me like you are ok with using the land to park on as long as the buyer gave you some money off?
So the money is the issue rather than the fact you won't own that land?

I'm not sure in OK with it because ultimately I can't sell it on (which I'll want to do one day) as having a driveway because it doesn't.

You're in no worse position than the current vendors - the property has a right of access, in practice nobody is preventing you from parking on the "driveway", nobody else cares because nobody else uses it for access (as far as I can see?). I expect the risk (of somebody prohibiting you from parking) could be insured against if you wanted to cover it off.

No but I wouldn't dream of advertising it as having a driveway so surely that affects asking price? Hence me asking for some money off. I didn't think that was unreasonable.

I see what everyone's saying, that in reality I'm not likely to have any issues. But what if? My ex had neighbours from hell and there were parking problems every single day that started making us depressed - it can be awful. This is very different and I'm sure no one will have a problem but all 3 bungalows look onto my "drive". If a new resident moves in and with all that time on their hands etc.

It's an end terrace with no drive and parking at the bottom of the street technically. If you look closer at the photo there's a step into the coal room. You can't actually drive up to the garage properly. Basically I'm stupid. 

I think you're over thinking this. 

You have a drive that you can drive over, for which you have a legal right of way. 

You own all the land at the rear, which you can park on.  

No one can complain about either of those things because they are legal.  

The only issue might be parking at the very side of the house but it is blatantly obvious that there isn't room even if you did own it. 

The garage is not adding much value.  It is a glorified shed, it cannot hold a modern car.

I can it see whether you have decent parking without removing the garage.  If you do, great, if you don't, relocate a garden room elsewhere in the garden for storage. 

Can you buy a house with a more conventional driveway and garage for the same price locally? 

Lyd00

Doozergirl said:

I think you're over thinking this. 

You have a drive that you can drive over, for which you have a legal right of way. 

You own all the land at the rear, which you can park on.  

No one can complain about either of those things because they are legal.  

The only issue might be parking at the very side of the house but it is blatantly obvious that there isn't room even if you did own it. 

The garage is not adding much value.  It is a glorified shed, it cannot hold a modern car.

I can it see whether you have decent parking without removing the garage.  If you do, great, if you don't, relocate a garden room elsewhere in the garden for storage. 

Can you buy a house with a more conventional driveway and garage for the same price locally? 

Am I? (over thinking it?)

I don't really have the extra money to be knocking down garages on top of all the other cosmetic work the house needs (it needs full modernisation including a new kitchen because the existing one is unusable).

There are other houses on the market with more conventional drives and garages yes. I like this house because of the size of the garden, a log burning fire, and it's location but do I want a house with less issues (this one is a full modernisation project, think artex on walls, kitchen is unusable etc). 

They've priced this based on a driveway so I'm disappointed it isn't what they've claimed (several times). 

Ath_Wat

Lyd00 said:

diego_94 said:

Pull out and make a claim against the estate agent sprouting crap at you. Get a copy of the adverts that clearly shows the parking being advertised as they will probably be slippery and try to amend it now.

I've got a copy of the brochure and I have a screen shot of the online advert as I also thought they might try to amend it.

From what I've heard I'm very unlikely to be successful in a claim for any costs incurred am I right? This is my first experience of trying to buy a house so never had a grievance with one before.

When I spoke to the manager yesterday she seemed to pass the book by saying "we don't have access to the titles. I put it in the brochure, and the vendor signed it to say it was correct".

You have no chance of costs against the estate agent.  They will have just repeated what the vendor told them. You could maybe go after the vendor and say they must have known, I wouldn't think that had much chance of success though.  Ultimately that's why you check these things during the house buying process.

You are quite right though that if they thought it had a driveway, they will have marketed it as a higher price.  You should pay the price for a house with no parking.  If you do that, resale is not an issue, as whoever buys it will also be paying the price for a house with no parking.

The only questions you have to answer are :
1. Do you want a house with no parking?
2. How much is it worth?

As you can afford a house with parking (presumably, as you were prepared to pay for one) maybe you'd be best just going and finding one.

ciderboy2009

Lyd00 said:

I don't really have the extra money to be knocking down garages on top of all the other cosmetic work the house needs (it needs full modernisation including a new kitchen because the existing one is unusable).

If it really "needs" a new kitchen then you're likely to have problems getting a mortgage for it (assuming that you need one).

At the end of the day, the EA's will have covered their backes with the old errors and ommissions clause (E&OE), probably in conjunction with a clause about information being based on what the vendor has told them (which they have not verified).

This is exactly the reason why you use a solictor when buying a house - so they can identify problems like this before you've fully committed to purchasing.

There's no point in looking for someone to get compo from - it won't happen.

If you're not happy with the situation as it is then now is the time to walk away.

Bendy_House

The mention in the deeds of this RoW doesn't make it clear whether it's pedestrian or also vehicular. Could your solicitor confirm whether this lack of clarification restricts it to pedestrian only?

IF the RoW includes 'vehicular', then that's more than half the battle taken care of - you can drive down the side of your house to get to your garage/rear parking space.

Even IF it includes 'vehicular', then that would - as far as the deeds are concerned - prohibit you from parking down alongside your house, as this would clearly restrict access to any other folk who may also have this RoW mentioned on their deeds (a further £3 for each copy of neighbouring deeds might clarify this).

So, I think the most important detail is to find out whether vehicles can also access that RoW? If it does, great. If it doesn't, then you will likely be living with a situation where any complainant could scupper even your access to your garage...

Assuming the best, then I think I'd consider something like porous paver grids run down either side of your path, and infilling them with either grass or gravel. This would not only look softer and more welcoming than having it paved, but it would make it look less like a parking spot, since your path would remain in its middle down that side. I think actually 'paving' it might get neighbouring antennae twitching excessively.