Vehicular right of way through garden?

kunekune

I spotted this today: http://www.rightmove.co.uk/action/publicsite.ShortList?p_id=9139425&sl_type=buy&ep=det&tr_t=buy&eventsubmit_doaddproperty=1&from_showcase=false&pa_n=20

I quite like the house, it's big though it doesn't have a fourth bedroom, and the garden seems really nice. BUT when I looked on the birdseye I spotted what might be a problem.

Is it my imagination, or is next door driving through this house's garden to park its car? This is obviously a major problem for a family with small (and somewhat !!!!less) children. And if the car is doing that, has anyone any experience of whether this is likely to be a 'gentleman's agreement' or a legal right? Would someone be so daft as to agree to it? The sellers have been there a long time.

Yes, I know I could go and ask to look at the HIP and I may well do (see???? they can be useful) but I thought I'd try the easy route first.

S0litaire

Your rightmove session expired and we can't see the house.

I Think legally you have to give him right of access if the ONLY way to enter his back garden is Via your land.

What type of access you allow may be up to you unless there is something in the paperwork saying that the other person has the right to drive over your land.

Scottish law is different to English law so better check all the paperwork and hopefully others here will give better advice :D

poppysarah

http://www.rightmove.co.uk/viewdetails-9139425.rsp?pa_n=1&tr_t=buy

You mean that one?

Is it a shared drive?

horsechestnut

If it has been used for over 20 years then they have a Prescriptive Right of Easement.
Just had problem with my neighbour and access to each other's driveway.

Unless you are desperate don't buy the house.

kunekune

Yes, poppysarah, that's the one.

There is a driveway to the side, which is where the people who live in the house that is for sale park (let's call it house A): this is mentioned in the EA's particulars. But from the aerial view, you can see a car in the rear of the NEXT house (house : house B is landlocked and from the picture it seems that the access to it is through the middle section of house A's garden.

I would not touch it with a bargepole if this is correct. I would have no problem with house B using a route through house A's garden occasionally for deliveries/getting large & messy stuff out, that's common around here (though I'd want it to be on the documents, so as not to have disagreements). A car is different!!!!!!!!

And no, I'm not desperate. This is a leisurely house hunt. Very leisurely, especially from DH's perspective. It's taken a week for him to decide that he will go and view somewhere I saw a week ago. I was quite taken by the room sizes and the garden, but this appears to be a fatal flaw!!!

poppysarah

Round here a lot of houses have a shared drive... some have fenced off up the middles so neither can get to the back. I wouldn't buy one of those - too much potential for disagreements.

beecher

There is vehicle access to the side of the property providing parking area and compact shrub and flower garden to front. To the rear, where there is the majority of the garden is an ideal safe playing area for children and pets with lawned areas and flower beds. Greenhouse. Further off street parking could be incorporated within this area if so required.

I took this to mean that it was the sellers' car which was at the side.

beecher

kunekune wrote: »

Yes, poppysarah, that's the one.

There is a driveway to the side, which is where the people who live in the house that is for sale park (let's call it house A): this is mentioned in the EA's particulars. But from the aerial view, you can see a car in the rear of the NEXT house (house : house B is landlocked and from the picture it seems that the access to it is through the middle section of house A's garden.

I think it looks more likely that it is the seller's car and when they've written

"Further off street parking could be incorporated within this area if so required." they're talking about an area the current people use for parking. Could be wrong though as the parking does look a bit haphazard all over the area!

Snooze

What would it cost to go round and take a viewing? You would find out all the answers to your questions then and be able to see the situation for yourself. Your conclusions you've drawn here could be completely wrong.

Rob

WestonDave

Looking at it in birdseye view on maps.live does suggest that next door are driving through the back garden. If you have (or are planning) small children I wouldn't take this on as it will be impossible to secure the exit to the road which will then make it hard to allow the kids free run in the garden.

Might be worth a look as it may be that in fact the middle house in the block just doesn't have a garden!

poppysarah

I do like that birdseye viewing though. Shame it's not in my area!

Mind you if the govt has it's spying way there'll be sat bots watching our every move anyway. (cameras to record every car journey into Manchester and store data for 5 years; All emails and phone calls to be kept for 12 months)