Help please - mislead by seller? Land registry issue

Tiglet2

In the first plan you have posted, the house and garage are on one title number, but the garage outlined in your second post is on another title number.  Are you purchasing both title numbers or just the one?  Without downloading each title, you won't know if both titles are owned by the seller.  Definitely speak to your solicitor to ascertain if the purchase includes both titles.

However, the blue coloured area is owned by the property behind (No. 3?), so you would need to check the title registers of 'your' property and the one behind to ascertain any rights you have for passing and re-passing over that land and to establish whether or not you can use it for parking, but it's very clear that the land will not be part of your purchase.

Tiglet2

Also, your solicitor presents the facts to you, they don't necessarily advise you what to do about it, but you could always call them and have an off the record chat to help understand the pros and cons, which may help you decide whether or not you wish to proceed in this purchase.

ohgoodgrief

UnderOffer said:

ohgoodgrief said:

This is where it gets complicated. On the first plan we have a single garage that has been converted into a room. It’s not a garage anymore. There is then a single garage next to that belonging to neighbours (not the ones behind who own the land in front). We then own a double garage (see additional plan) on the edge! The single garage is not used as a garage as these neighbours don’t have a vehicle and have it set up as a home gym. 

What a strange set up. Am I understanding this correctly, you would own the garage on left  and double garage on right, but not the adjoining garage in middle? 

You are also not permitted to park on the driveways leading to the garages? You only have a ROW to pass over and park inside garages? 

This is it exactly 

loubel

So the property doesn't come with a driveway you can park on but presumably has a right of way over the shared driveway (shown coloured brown on your first plan) leading to the garages?

Chances are the owner of the driveway wouldn't actually care if you park on it, but there's no guarantee on that. If parking/private driveway is essential for you then it doesn't sound like this is the property for you and the agents shouldn't be marketing (or valuing) it as if they have this now that they know it's not correct.

Unless the house behind was interested in selling their garage/gym and the shared driveway to you so that you owned the whole area coloured brown with no-one else having any rights of access over it. Could be worth asking the question if it is otherwise your dream property. 

ohgoodgrief

Tiglet2 said:

In the first plan you have posted, the house and garage are on one title number, but the garage outlined in your second post is on another title number.  Are you purchasing both title numbers or just the one?  Without downloading each title, you won't know if both titles are owned by the seller.  Definitely speak to your solicitor to ascertain if the purchase includes both titles.

However, the blue coloured area is owned by the property behind (No. 3?), so you would need to check the title registers of 'your' property and the one behind to ascertain any rights you have for passing and re-passing over that land and to establish whether or not you can use it for parking, but it's very clear that the land will not be part of your purchase.

There are two different titles for the property - one for the property and one for the garage. We would be purchasing both. 

ohgoodgrief

loubel said:

So the property doesn't come with a driveway you can park on but presumably has a right of way over the shared driveway (shown coloured brown on your first plan) leading to the garages?

Chances are the owner of the driveway wouldn't actually care if you park on it, but there's no guarantee on that. If parking/private driveway is essential for you then it doesn't sound like this is the property for you and the agents shouldn't be marketing (or valuing) it as if they have this now that they know it's not correct.

Unless the house behind was interested in selling their garage/gym and the shared driveway to you so that you owned the whole area coloured brown with no-one else having any rights of access over it. Could be worth asking the question if it is otherwise your dream property. 

To further complicate things the people whom own the garage/gym are not the people behind (no 3) they are next door (no 1). Number 3 own the shared driveway land, but the title says they have no access for parking (they have their own driveway outside their property). 

user1977

Some photos would help, as I'm not sure what the "driveway" you mention in your OP is (or where the front or side of the property are). A shared access road to multiple people's garages doesn't usually look like a "driveway".

A garage is "off-road parking" and a double garage is arguably "ample" (would be to me anyway!).

In practice, other people can't park in front of your garages, so do they just mean that in practice you can park there and not obstruct the neighbours?

ThisIsWeird

Blimey, I wasn't expecting that!

Ok, OGG, I suggest you ask your conveyancing solicitor to have a good look at the deeds if they haven't done so already, and absolutely confirm what your rights are in relation to that driveway.

It'll likely either be a RoW to gain access to the garages only, or it could permit parking in front of the garages as well. For the former, I'd suggest you are back to stage one - you will not have enough off-road parking for your needs or wishes, or you could 'get away with it', but it could be rescinded at any moment.

How busy is that road, and how open-splay the entrance to the driveway? If you and the other garage owner regularly parked cars there, it would make turning a vehicle to head out forwards quite tricky, I think. That's the sort of issue that could make it more likely for the driveway's owner to say 'no more parking on the driveway'.

ohgoodgrief

user1977 said:

Some photos would help, as I'm not sure what the "driveway" you mention in your OP is (or where the front or side of the property are). A shared access road to multiple people's garages doesn't usually look like a "driveway".

A garage is "off-road parking" and a double garage is arguably "ample" (would be to me anyway!).

In practice, other people can't park in front of your garages, so do they just mean that in practice you can park there and not obstruct the neighbours?

It was listed on the property information form as a driveway.

ohgoodgrief

The title says no one can park there, it’s ROW to drive across the land into the garage only.