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

Smalltownhypocrite

Section62 said:

Smalltownhypocrite said:

Surely this is classic buyer beware.

eddddy has already covered this - The Consumer Protection from Unfair Trading Regulations 2008 effectively limits the scope of 'buyer beware' in that a prospective buyer of a property being marketed by an EA has to be given certain information, the onus isn't on them (and their solicitor) to find out everything themselves.

However, this does create a conundrum that an EA could be in breach of The Consumer Protection from Unfair Trading Regulations 2008 by "Giving false or misleading information to consumers" if they tell a prospective buyer it is illegal to park on a driveway with no dropped kerb.  In other words, Catch-22.

Smalltownhypocrite said:

1) you could actively SEE the issue, your ignorance is your own issue as the law on drop kerbs are common knowledge (and no I have NEVER owned a drive in my life but know that) and ignorance of law is not usable as defense.

The problem here - from my POV as a one-time highway engineer - is that the "common knowledge" of the law is incorrect.  This is not helped by a multitude of organisations who should really know better putting out information which goes along with the incorrect "common knowledge" - and there seems to be very little enthusiasm among them to check what the law actually says.

'Ignorance of the law...as a defence' isn't relevant here, because the EA has an obligation to [mis]inform buyers about the dropped kerb issue.

So if a house is for sale with a extension that adds a kitchen and 3rd bedroom and is listed as such its on the EA to know the owner never applied for planning permission? No, this stuff is found during conveyancing. 

The EA isn't expected to confirm regulations where met when changes where done to a property, its outside their remit. A driveway is a change to a property, checking the legality of weather it was converted in line with the local laws is not the EA job. They do not see proof of building works as part of their listing, same way the do not even check ownership of the house. They just list based off what they see and are told. They are not surveys and do not conduct searches.

The argument can be made that this is an 'OBVIOUS' failure to meet requirements but then it also stands that it was equally as 'obvious' to OP as the EA so if they claim they 'didn't notice' then how can they hold someone else up to that same standard they failed. 

The EA will have spent far less time assessing the property (a quick valuation and photos) than the buyer (who spent months, should have viewed several times and commissioned professionals to survey and run searches). The EA has not willfully lied to their own benefit here, there has to be proof that they knew and willingly deceived because checking this isn't even a part of their job. There factually IS a driveway fitted it just isn't 'legally' fitted and could very easily be made legal by the OP. 

Section62

Smalltownhypocrite said:

....

The EA will have spent far less time assessing the property (a quick valuation and photos) than the buyer (who spent months, should have viewed several times and commissioned professionals to survey and run searches). The EA has not willfully lied to their own benefit here, there has to be proof that they knew and willingly deceived because checking this isn't even a part of their job.

If I've understood eddddy's points (and the TPOS guidance) correctly, then the EA is not required to investigate the specifics of the crossover/driveway, but if there is no dropped kerb then they should proactively point this out to prospective buyers and tell them to make their own enquiries.

Smalltownhypocrite said:

There factually IS a driveway fitted it just isn't 'legally' fitted and could very easily be made legal by the OP.

At the risk of repeating myself........

The OP probably does have a 'legal' driveway which they can 'legally' use for parking and charging their EV.  It is likely it would be entirely legal for them to drive across the footway to get onto their driveway.  There are very specific circumstances where driving across the footway wouldn't be legal, but the odds of this applying in the OP's case are very low, and if they did apply the OP certainly should have been told about it by the vendor and/or the OP's solicitor.

sheramber

The energy company may know that the OP’s  local authority do not allow cables trailing over the pavement., possibly resulting in injury to a passerby. 

They may be unwilling to risk any come back by installing a charging point in such a position. 

What happens if the OP cannot park on the road outside his house. Does he run a cable up the street to where he can park?

user1977

sheramber said:

What happens if the OP cannot park on the road outside his house. Does he run a cable up the street to where he can park?

Charges it somewhere else, surely?

silvercar

sheramber said:

The energy company may know that the OP’s  local authority do not allow cables trailing over the pavement., possibly resulting in injury to a passerby. 

They may be unwilling to risk any come back by installing a charging point in such a position. 

What happens if the OP cannot park on the road outside his house. Does he run a cable up the street to where he can park?

Probably, using one of the many devices available to ensure safety. These include safety matting over the cable, gulleys dug if the council allow and even things that overhang the pavement above head height that look like old style lamposts.

Section62

silvercar said:

sheramber said:

The energy company may know that the OP’s  local authority do not allow cables trailing over the pavement., possibly resulting in injury to a passerby. 

They may be unwilling to risk any come back by installing a charging point in such a position. 

What happens if the OP cannot park on the road outside his house. Does he run a cable up the street to where he can park?

Probably, using one of the many devices available to ensure safety. These include safety matting over the cable, gulleys dug if the council allow and even things that overhang the pavement above head height that look like old style lamposts.

Many of those don't ensure safety, and can't be used or installed without the highway authority giving consent and/or a licence.

Even if consent is given, people should make sure their house and car insurance fully covers them if they are charging their EV in the highway using electricity from their home.  It is a legal minefield.... ripe for ambulance-chasing lawyers to exploit.