Property Sold stating driveway but legally I cannot use it as there is no dropped kerb

Section62

eddddy said:

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Section62 might feel that Trading Standards and The Property Ombudsman have based this "Assured Advice" on a misunderstanding of the law. 

But as it is "Assured Advice", I suspect that the Ombudsman would decide against any agent who ignored that advice.
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They may well do.  But it isn't a feeling that they are misunderstanding the law, it is a fact.  The only offence in S184 is "...contravention of any condition imposed under subsection (1)(b)..." - therefore it follows that if no notice has been served under subsection (1)(b) then no offence under this section is committed.  S184 doesn't even require a dropped kerb crossing to be constructed for the footway/verge to continue to be used as an access, the conditions which could be imposed under subsection (1)(b) are a possible alternative to having a crossover constructed.

Trading Standards and The Property Ombudsman would do well to purchase a copy of Michael Orlik's excellent "An introduction to Highway Law" (4th Ed) and read section 7-007, which explains this part of the law in simple terms.

Would an Ombudsman legally be able to decide against an agent who provides clear evidence the "Assured Advice" is incorrect?

theartfullodger

You have a drive:  You can have a dropped kerb put in.  Many might suggest swallow the cost & move on.

Hard lesson (but imho most people would have looked for a dropped kerb.)   Compared to many issues wirh purchasing properties this in my humble opinion is relatively small.  Good luck & best wishes.

lfc321

theartfullodger said:

You have a drive:  You can have a dropped kerb put in.  Many might suggest swallow the cost & move on.

Hard lesson (but imho most people would have looked for a dropped kerb.)   Compared to many issues wirh purchasing properties this in my humble opinion is relatively small.  Good luck & best wishes.

I agree, unless (for whatever reason) the council refuses permission for a dropped curb. At that point OP will have (presumably) paid a premium for a house with a drive but will be unable to use it as such, and the non-usable drive will likely reduce the value of the house in a future sale. 

GavCB

How is this the Agents issue? As you saw no dropped kerb at the viewing LAST YEAR, the fault lies with you as the buyer. You say that parking across the pathway is illegal, but the parking is not across the pathway? Had you have had a private survey carried out, the chances are this would have been mentioned by the surveyor. It seems you are looking to the Agent to compensate you for a new boiler and an EV charging point. Good luck with that. 

sheramber

since the OPhas not been using the drive but parking on the road he has been well aware of the position since he moved in. if not before.

It has not been a problem up to now 

He only now wants to make something of it  as he wants an ev charger fitted but, as that would entail trailing cables over the pavement , his utility company will not install one.

i believe many local authorities do not allow cables running over the pavement for obvious potential dangers to pedestrians.

user1977

lfc321 said:

theartfullodger said:

You have a drive:  You can have a dropped kerb put in.  Many might suggest swallow the cost & move on.

Hard lesson (but imho most people would have looked for a dropped kerb.)   Compared to many issues wirh purchasing properties this in my humble opinion is relatively small.  Good luck & best wishes.

OP will have (presumably) paid a premium for a house with a drive 

Not so sure about that given they say "I can park outside the house ie on the street its not v busy" - different if you're in a location where on-street parking is problematic.

Section62

user1977 said:

lfc321 said:

theartfullodger said:

You have a drive:  You can have a dropped kerb put in.  Many might suggest swallow the cost & move on.

Hard lesson (but imho most people would have looked for a dropped kerb.)   Compared to many issues wirh purchasing properties this in my humble opinion is relatively small.  Good luck & best wishes.

OP will have (presumably) paid a premium for a house with a drive 

Not so sure about that given they say "I can park outside the house ie on the street its not v busy" - different if you're in a location where on-street parking is problematic.

Wanting/needing to charge an EV makes a difference though.  Unless the council are willing to install an on-street charger the lack of off-street parking would mean having to use public charging points with a likely cost implication.  Running a cable from the house to the EV parked on the road would be a Highways Act offence.

That is what underpins my thinking here - unless a S184(1)(b) notice has been served, the OP has an off-street parking area they can lawfully use, and charge the EV there.  Applying for a crossover risks the council saying 'no', and potentially taking action to stop the OP using the off-street parking area.

The benefit of having an off-street parking area and being able to charge the EV at home for the duration of the OP's ownership of the property might exceed the value of any compensation the EA might be required to pay the OP.  Though the calculation needs to allow for the unknowns of whether the council might take enforcement action and/or whether they would agree for a crossover to be constructed.

Although it goes against my instincts, and isn't something I'd advise, it may be that using the off-street parking as it is and letting sleeping dogs lie might give the best overall outcome.

Ditzy_Mitzy

Secondary point: whilst there seems to be debate regarding whether or not a dropped kerb creates a right for a vehicle to cross the pavement adjacent to where it is sited, the absence of a dropped kerb confers less, or no, legal protection to vehicular access to land beyond the pavement.  There's nothing to stop anyone, at the present time, parking across the mouth of the 'drive' and stranding any car parked therein.  If a dropped kerb were present, that wouldn't be allowable; the legal status of a dropped kerb, or obstructing the access it facilitates, is solidified in Section 86 of the Traffic Management Act 2004.  Exceptions apply in the case of a householder obstructing his/her own dropped kerb.  

In sum: drop the kerb or risk being sunk by cavalier (or Astra, Mondeo or anything else) parkers.  

ExEstateAgent

Another point to consider, for the OP, if you have a dropped kerb fitted then you will have to park on the drive at all times. You can get ticketed for parking across a dropped kerb! 

Ditzy_Mitzy

ExEstateAgent said:

Another point to consider, for the OP, if you have a dropped kerb fitted then you will have to park on the drive at all times. You can get ticketed for parking across a dropped kerb! 

There's an exemption in the Act for either parking across one's own dropped kerb or allowing another individual to do the same.  We allow visitors - friends and tradesmen and the like - to do it all the time and have never had any issues.