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Photos attached. Misrepresentation of driveway plus they've pinched a bit of land. Help!
Lyd00
Posts: 97 Forumite
Help!
House was advertised as having a driveway and garage. The brochure said it. The online adverts said it. The estate agent on the phone said it to me when I was questioning its value (her words were, number 3 sold last year for x amount but this one has a driveway and garage).
The property information booklet that the vendor signed says parking for 2 cars. My mortgage valuation is based on it having a driveway.
I had a RICS level 3 done and an electrical certificate done. I paid for the searches etc (tbh we're that far down the line I think the conveyancer will charge me in full now).
Now I feel stupid...
It transpires that the "driveway" is right of way/access only. But I can't tell whether this is pedestrian access or vehicle access (see photo) but it looks like a flagged footpath to me now I'm looking at it again. Yes there is a garage at the end of it but I wouldn't be able to drive into the garage to park it in there due to it being off to the side (in line with the boundary) plus there's no planning permission for said garage. Although the vendor says that the garage was built 18yrs ago.
I went to see it again and discovered that not only is the driveway not a driveway/part of the plot I'm buying but also the garden fence isn't where it should be and they've pinched a bit of land I think? (see photos where the blue line is and where the garden fence actually is, I think the fence should be in line with the garage).
I've tried to renegotiate and they've turned me down saying I've had one discount already (the RICS survey flagged several things up including a new roof) and that they can't afford to go any lower.
I'm gutted and feel stupid that I've come all this way and spent all this money and I feel totally mis-led. The estate agent was so rude to me this morning basically saying how dare I ask for another reduction and that I should have known that it wasn't a driveway. I said how so when you've sold it to me as one?
I guess I won't have a leg to stand on in terms of all the costs I've incurred? I wouldn't have even viewed the property had it not had a driveway let alone put an offer in. I don't want to buy an end terrace with no parking (nearest parking is at the bottom of the street as its a cul-de-sac with terraces at the top and semis around the edge all with dropped curbs to get onto their drives).
Alternatively is there a way I can approach the council to see if I can acquire it? My dad thinks they won't agree to it as it's so close to the footpath for the bungalows. Absolutely gutted. I'm a FTB and this is brutal, please be kind


House was advertised as having a driveway and garage. The brochure said it. The online adverts said it. The estate agent on the phone said it to me when I was questioning its value (her words were, number 3 sold last year for x amount but this one has a driveway and garage).
The property information booklet that the vendor signed says parking for 2 cars. My mortgage valuation is based on it having a driveway.
I had a RICS level 3 done and an electrical certificate done. I paid for the searches etc (tbh we're that far down the line I think the conveyancer will charge me in full now).
Now I feel stupid...
It transpires that the "driveway" is right of way/access only. But I can't tell whether this is pedestrian access or vehicle access (see photo) but it looks like a flagged footpath to me now I'm looking at it again. Yes there is a garage at the end of it but I wouldn't be able to drive into the garage to park it in there due to it being off to the side (in line with the boundary) plus there's no planning permission for said garage. Although the vendor says that the garage was built 18yrs ago.
I went to see it again and discovered that not only is the driveway not a driveway/part of the plot I'm buying but also the garden fence isn't where it should be and they've pinched a bit of land I think? (see photos where the blue line is and where the garden fence actually is, I think the fence should be in line with the garage).
I've tried to renegotiate and they've turned me down saying I've had one discount already (the RICS survey flagged several things up including a new roof) and that they can't afford to go any lower.
I'm gutted and feel stupid that I've come all this way and spent all this money and I feel totally mis-led. The estate agent was so rude to me this morning basically saying how dare I ask for another reduction and that I should have known that it wasn't a driveway. I said how so when you've sold it to me as one?
I guess I won't have a leg to stand on in terms of all the costs I've incurred? I wouldn't have even viewed the property had it not had a driveway let alone put an offer in. I don't want to buy an end terrace with no parking (nearest parking is at the bottom of the street as its a cul-de-sac with terraces at the top and semis around the edge all with dropped curbs to get onto their drives).
Alternatively is there a way I can approach the council to see if I can acquire it? My dad thinks they won't agree to it as it's so close to the footpath for the bungalows. Absolutely gutted. I'm a FTB and this is brutal, please be kind



0
Comments
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Why start another thread about the exact same thing?4
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What do the titles describe it as?Lyd00 said:
It transpires that the "driveway" is right of way/access only. But I can't tell whether this is pedestrian access or vehicle access
What does the access to it from the road look like? i.e. is it a dropped kerb?
To be honest, it doesn't look that bad to me, as it isn't obvious why anybody else would want rights over the "driveway". If in practice you can park there without anybody complaining, I can see why the vendors might have been oblivious to the title position. Might be different if you wanted to develop that bit somehow.3 -
Apologies if this is a problem. This evening I found out about the garden and I had some extra questions about costs incurred or approaching council. Shall I delete? Or can it stay because I don't think it's too much of an issuekoalakoala said:Why start another thread about the exact same thing?0 -
Yeah I did want to develop it because it looks grubby. I wanted to pave it.user1977 said:
What do the titles describe it as?Lyd00 said:
It transpires that the "driveway" is right of way/access only. But I can't tell whether this is pedestrian access or vehicle access
What does the access to it from the road look like? i.e. is it a dropped kerb?
To be honest, it doesn't look that bad to me, as it isn't obvious why anybody else would want rights over the "driveway". If in practice you can park there without anybody complaining, I can see why the vendors might have been oblivious to the title position. Might be different if you wanted to develop that bit somehow.
It is a dropped curb.
The title says :
Rights granted to the purchaser -
A right of way in common with the council and all others having a like right over and along the passageway coloured green on the said plan if there is a passageway coloured green on the said plan the purchaser paying a proper proportion of the expense of keeping such passageway in a proper state of repair and condition0 -
Please continue this discussion in your existing thread.Posting multiple times about the same issue is against the forum rules.....2
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OK I'll delete this0
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the pictures would be useful on the other threadLyd00 said:OK I'll delete this5
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