Advice on Driveway obstruction and potential sale implications

HampshireH

Looks like plenty of space looking at the photos to get in and out a drive.

 However that parking by many is inconsiderate and if I did a drive by to scope out a property before booking a viewing and saw cars everywhere like this I wouldn't put an offer in.

I'd want the kids to be able to safely walk the pavements without having to routinely navigate the road where cars are parked across them and then have to worry about cars not seeing them because someone is parked on the corner. I doubt this road is the only one like it on the estate

WIAWSNB

If the road hasn't been adopted, does it not have a management company?

housebuyer143

I wouldn't even view the house because of the parking in the area. Its not just your house but I've been in a cult de sac before and the parking really was frustrating. Therefore as soon as I see parking like this I know it's going to be contentious. 
I can't see too much issue with the parking tbh, you can still get out but maybe you can't as quickly as you want, especially if you drive in rather than reverse.

This isn't too say you won't sell it, loads of people don't realise the issue or don't care. New build estates are like this so people who like them tend to expect it.

As for the council doing nothing, I don't think they have enforcement action for pavement parking in most places, and have no authority at all if it's not adopted.

eddddy

Assuming the road is adopted, you can probably put in a request to the council for parking restrictions to be put in place - i.e. double yellow lines.

In your request, I guess you would mention things like: access for emergency vehicles; blocking of pavements (for wheelchair and pushchair users); poor visibility for pedestrians wanting to cross roads due to parked cars; poor visibility for car drivers at junctions; etc

And see what the council say.



But in the meantime, if you want to sell - you'd really have to declare this dispute.

I suspect that a lot of buyers might be put off when they are told about: taking legal advice from a solicitor; sending formal letters; police involvement; calls to 101; 

(Would you buy a house with that kind of history?)
 

bobster2

WIAWSNB said:

Hi Chug.
As said, it needs declaring. So, best be upfront.
You definitely need to mention it in the TA6, but perhaps get advice from your conveyancer how to best word it.

You have to answer all questions honestely - including the questions on the TA6. However, from what I can gather from the OP's description and photos it is not clear that what has been going on is covered by the TA6 questions.

5th Edition TA6 has

Q16.1 is "Have there been any disputes or complaints regarding this property or a property nearby?"

Q16.2 Is "Are you aware of anything which might lead to a dispute about the property or a property nearby?"

However, it looks like the contentious parking is happening on land that does not form part of OP's property or a neighbour's property. 

There is no boundary dispute. No disputes about rights of way over anyone's property. No dispute about the use of either property.

The dispute is about what someone is doing on a public highway. They are parking in a manner which OP feels makes it awkward for them to turn into their drive. They are not physically blocking access.

OP should take advice from solicitor about whether any of what has been going on is covered by Q16.1 and Q16.2

chug91

Some interesting replies and I’ll try and give a but more detail about the whole thing. The estate is a dump and majority of the people living here either don’t want to live elsewhere because the grew up here and family and friends live close or because they can’t afford anywhere else half decent. We only bought the house because of favourable location and the considerably lower cost as FTB, but we knew within 5 years we will be out. The main issue is that the drives are narrow and cars need to be parked behind one another and because it causes inconvenience a lot of people park on the kerb instead. Specifically in our situation we have one neighbour who has a company van and now takes 3 parking spaces therefore parking his van outside his window at the approach to the driveway on the bend. The other one parks on the kerb because is too lazy to be moving his car if his missus wants to go and he was the one parked in front. As mentioned a lot of the times there is more than enough space to get in or out, however on the odd occasion much tighter and if we are reversing out can’t even see if there is incoming traffic so not great. The problem really is that someone else is dictating the way park our cars on the drive and more importantly the size of car we can have to be able to squeeze through.
Now the pictures uploaded are random as I intentionally picked them to illustrate the situation as it is and not cherry pick for the ones that we can barely get in or out.
Also we have approached both neighbours to explain about our issues however not much sympathy or understanding. I have to say we don’t have photo evidence of the times we couldn’t get in as we didn’t think people are this stupid and not looking right in front of them to see that there are cars parked on the drive in front and they haven't just landed there… fair to say people around here are this thick that they do actually think that.
 Our drive is the one right at the bottom and where the cars park is technically the entrance to the driveway which entrance is shared with 2 more properties. One being the one parking on the bend and the other house is someone who is barely home.
Now is probably important to say we own the shared driveway section and they only have right of way and have to share the coat of maintenance.
Also the letters that we sent out we only did after legal advice and after we actually spoke to them and just asked to be mindful that it could block us in or out. Due to their response I decided to have a little experiment and parked on the kerb where the white audi usually parks and to no surprise I was boxed in as they thought it was their kerb and no-one else can park there. To be fair I knew this was the case anyway but I just needed the photo evidence to prove it.
Now I have to admit I have thought of getting a banger and just park it on the kerb and leave it there until it turns to dust but I’m not sure I can be too bothered with all the grief. On the other hand getting one and reversing into them on my way out is not a bad idea.
Anyway I really thought in this day and age it shouldn’t be some inconsiderate ***hole dictating whether I can get in or out my property and therefore thought it might be good hear a complete strangers thought on it.
To mention as well about potentially having to declare this on the TA6, my take after talking to the solicitor was that technically it isn’t really a dispute but I’m just informing them of my view on the parking and also when I reported the parking issue to the police I reported the vehicles and not mentioned their names or address but just the reg numbers of the cars causing obstruction. I could be wrong thinking this but when it comes to this they will clarify that.

Section62

HampshireH said:

Looks like plenty of space looking at the photos to get in and out a drive.

 However that parking by many is inconsiderate and if I did a drive by to scope out a property before booking a viewing and saw cars everywhere like this I wouldn't put an offer in.

I'd want the kids to be able to safely walk the pavements without having to routinely navigate the road where cars are parked across them and then have to worry about cars not seeing them because someone is parked on the corner. I doubt this road is the only one like it on the estate

I agree.

This is the kind of road it would become hell to live on if a legally enforceable ban on footway parking came into force in the area.

Grumpy_chap

chug91 said:

Now I have to admit I have thought of getting a banger and just park it on the kerb and leave it there until it turns to dust but I’m not sure I can be too bothered with all the grief. On the other hand getting one and reversing into them on my way out is not a bad idea.

Of course it is a bad idea.
And you know it is a bad idea.
Your motor premiums will increase going forwards.
You may receive a criminal record if investigated as vandalism, driving without due care and attention, criminal damage.   The pre-intent make all these a possibility.

BikingBud

housebuyer143 said:

I wouldn't even view the house because of the parking in the area. Its not just your house but I've been in a cult de sac before and the parking really was frustrating. Therefore as soon as I see parking like this I know it's going to be contentious. 
I can't see too much issue with the parking tbh, you can still get out but maybe you can't as quickly as you want, especially if you drive in rather than reverse.

This isn't too say you won't sell it, loads of people don't realise the issue or don't care. New build estates are like this so people who like them tend to expect it.

As for the council doing nothing, I don't think they have enforcement action for pavement parking in most places, and have no authority at all if it's not adopted.

A by product of cramming too many houses into too little space. Planners don't you just love them!

Section62

BikingBud said:

housebuyer143 said:

I wouldn't even view the house because of the parking in the area. Its not just your house but I've been in a cult de sac before and the parking really was frustrating. Therefore as soon as I see parking like this I know it's going to be contentious. 
I can't see too much issue with the parking tbh, you can still get out but maybe you can't as quickly as you want, especially if you drive in rather than reverse.

This isn't too say you won't sell it, loads of people don't realise the issue or don't care. New build estates are like this so people who like them tend to expect it.

As for the council doing nothing, I don't think they have enforcement action for pavement parking in most places, and have no authority at all if it's not adopted.

A by product of cramming too many houses into too little space. Planners don't you just love them!

Don't blame the planners... they can't do anything if national policy says they can't insist on developers providing 'x' parking spaces per dwelling.

...and if people stopped buying houses crammed into too little space the developers would soon start building at lower densities (so long as national policy allows them to).