Dropped curbs

Section62

TheJP said:

Section62 said:

If the OP was to habitually cross over the footway they would then commit an offence, by putting pedestrians at risk and or damaging the footway.

No, they wouldn't.

Only if a (prohibition/enforcement) notice had been served would they be committing an offence - and then the offence would be non-compliance with the notice.

There is no highway law offence of "putting pedestrians at risk and or damaging the footway".

I agree that the OP should be cautious about this property if they want/need off street parking, but not out of fear of committing a non-existent offence.

GDB2222

TheJP said:

GDB2222 said:

TheJP said:

GDB2222 said:

From the OP's point of view, really what matters is whether he should buy the house or not, and whether he should reduce his offer. He’s been sold a property with off street parking, and there are clearly issues with that. It depends where the nearest on street parking is.

The OP hasn't stated that the house is being sold as off street parking merely that the sellers park in front of the house without a dropped curb. Apparently no laws are being broken if you drive over the footway so it shouldn't affect the value.

If enforcement action can be taken to stop the use of the parking space, that would certainly affect what I would pay!  It might only take a single serious accident for the local authority to erect a line of bollards blocking access. 

If the house was advertised/sold as off street parking. This isn't clear here. Clearly double yellow lines as the OP has stated right outside the property means they can park on the highway, this wouldn't affect the price as it would have been factored into the guide/offer.

My daughter and her husband wanted a dropped kerb, but it wasn’t allowed because of a tree in the way. So, they currently have a front garden and they park on the road outside. If they couldn’t park on the street, it would be a big deal. 

TheJP

GDB2222 said:

TheJP said:

GDB2222 said:

TheJP said:

GDB2222 said:

From the OP's point of view, really what matters is whether he should buy the house or not, and whether he should reduce his offer. He’s been sold a property with off street parking, and there are clearly issues with that. It depends where the nearest on street parking is.

The OP hasn't stated that the house is being sold as off street parking merely that the sellers park in front of the house without a dropped curb. Apparently no laws are being broken if you drive over the footway so it shouldn't affect the value.

If enforcement action can be taken to stop the use of the parking space, that would certainly affect what I would pay!  It might only take a single serious accident for the local authority to erect a line of bollards blocking access. 

If the house was advertised/sold as off street parking. This isn't clear here. Clearly double yellow lines as the OP has stated right outside the property means they can park on the highway, this wouldn't affect the price as it would have been factored into the guide/offer.

My daughter and her husband wanted a dropped kerb, but it wasn’t allowed because of a tree in the way. So, they currently have a front garden and they park on the road outside. If they couldn’t park on the street, it would be a big deal. 

Ok great, but I'm sure they would have figured that out when buying. Double yellow lines and no dropped curb indicates to me there is no off street parking, not easy to hide and I'm certain it would have been marketed as such.

Unless it has been listed as having off street parking then OP could contest the price.

born_again

housebuyer219 said:

Hi there,
we are purchasing a house and currently having searches completed. The house is on a main road and has a hard standing area at the front. The current owner and neighbours all park their cars outside but there is no dropped curb. Our solicitor has advised the below and also asked us not to contact the council which seems odd 

Parking a motor vehicle on the front elevation of a property is not usually permitted without dropped kerb access and approved hard standing. Looking at a street view, the road has double yellows and there are no dropped kerbs.

Therefore, we do not believe that there is any right to be able to crossover the public footpath to park on the property's front elevation.

So basically the Solicitor is saying they are/maybe breaking the law.

If you want to park your car in front of the house where they do. Then it is a risk to assume that you can carry on. As it will only take one complaint & it will be stopped.
Clearly you must know if there are double yellows in front of house having viewed it. As you would not have been able to park there.

Personally ignoring the 3 pages of pedantry above & Solicitor. I would be asking council on their policy for this street. before making a purchase, that could backfire on you at any point.

BungalowBel

Bear in mind that the council may not grant permission for a dropped kerb, especially if getting off your parking area means reversing onto a main road..

Mojisola

born_again said:

housebuyer219 said:

Our solicitor has advised the below and also asked us not to contact the council which seems odd

So basically the Solicitor is saying they are/maybe breaking the law.
I would be asking council on their policy for this street. before making a purchase, that could backfire on you at any point.

Contacting the council will most likely result in the practice in the street being stopped - which means you won't be able to park near your house and all your new neighbours will be unhappy with you.

If you would still buy the house without a place to park your car, it's worth just continuing what the previous owner has done.

If you wouldn't, start looking at other properties.

lookstraightahead

Mojisola said:

born_again said:

housebuyer219 said:

Our solicitor has advised the below and also asked us not to contact the council which seems odd

So basically the Solicitor is saying they are/maybe breaking the law.
I would be asking council on their policy for this street. before making a purchase, that could backfire on you at any point.

Contacting the council will most likely result in the practice in the street being stopped - which means you won't be able to park near your house and all your new neighbours will be unhappy with you.

If you would still buy the house without a place to park your car, it's worth just continuing what the previous owner has done.

If you wouldn't, start looking at other properties.

Good advice. I live in a period house with no off street parking but it doesn't bother me. If everyone started wanting dropped kerbs it would be a nightmare, which is why the council probably wouldn't allow it. It takes away parking for others.

35har1old

housebuyer219 said:

TheJP said:

What's your question?

Good spot ! 

1) is dropping a curb expensive 
2) why do they not want me to go to the council ?

It's not just the kerb that you have to alter but the surface aera between kerb and you parking space.Also you would be required to apply for permit and place a bond until the authority passed the work carried out after a period  of time