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katkatmachine
Posts: 189 Forumite
Hi all,
We have been informed by our solicitor that based on the site plan that they received from our developer, we can see that our parking space is in front of the property but the neighbouring parking space is slightly encroaching on the front boundary of our property. She said that this could be an inconvenience of the car lights coming into the front of our home. Honestly, we didn't notice this when we reserved the plot. Our solicitor is suggesting that we can discuss this with the site office.!
Has anyone of you had similar experience? If yes, how was it? How did you deal with this? Do you think we can resolve this with the developer? Just to note, we are buying an off-plan new build house.
Thanks,
Kat
P.S. Front of our house is cloakroom, hallway and kitchen so we are not really concerned about the lights. It's just that the small part of the parking space of neighbour is still in our property is what we are bothered about.
We have been informed by our solicitor that based on the site plan that they received from our developer, we can see that our parking space is in front of the property but the neighbouring parking space is slightly encroaching on the front boundary of our property. She said that this could be an inconvenience of the car lights coming into the front of our home. Honestly, we didn't notice this when we reserved the plot. Our solicitor is suggesting that we can discuss this with the site office.!
Has anyone of you had similar experience? If yes, how was it? How did you deal with this? Do you think we can resolve this with the developer? Just to note, we are buying an off-plan new build house.
Thanks,
Kat
P.S. Front of our house is cloakroom, hallway and kitchen so we are not really concerned about the lights. It's just that the small part of the parking space of neighbour is still in our property is what we are bothered about.
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Comments
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We have noticed this on a few plots on the development we have bought on.
The neighbours parking bay won't be encroaching onto your land as the legal boundary to the plot will be taken around the parking bays so the legal boundary at the front of your property will have a kink in it. You won't own part of the neighbours parking bays that will be their land.
As to it being a problem. That is for you to decide but I can't see why it would be. You will get car lights in the window when you drive onto your parking, you will get car lights when the houses over the street leave/arrive depending on the layout of the estate. It would be a non issue for us.0 -
To a certain extent you need to entirely separate the physical situation and the legal situation.
The physical situation is that there is a car parking space for your neighbor close to your house. It's up to you if that's a problem or not - if the design isn't silly, it's probably not a big deal, but do think about what it might mean for maneuvering at the very least.
The legal situation is different. There are three possible situations:
a) There is a car parking space for the neighbour within the boundary for your property on the title plan.
b) There is a car parking space for the neighbour within the boundary of the neighbour's property on their title plan. It happens to border yours.
c) There is a car parking space for the neighbor on land which is not within the boundary of either of your title plans. It's therefore on some third party land, probably owned by the developer for now and maybe an estate management company later on. It happens to border yours.
b) or c) is totally fine. a) is more problematic, because it gives your neighbor rights over that part of your property (the right to park and maintain that parking space, mainly). That's not an insurmountable issue - rights like that are not uncommon. But for the sake of simplicity it is probably less desirable, and it would be a bit odd to draft things up that way.
The key, of course, is where your boundaries are on the title plan. You talk about a site plan. This is probably not the same thing - it's likely a plan for building, not for property title registration. Your title plan boundary will probably exclude that space. But you should check. And if it doesn't, you should decide if you want to be in situation a) or not, and whether the loss of that land is acceptable to you.
(There is a situation d) actually, which is that the parking space is outside your boundary but the neighbor has an implied right of way across your land to get to it. But that's another layer of complexity and probably not relevant)0 -
What happens when they stick a large van in their space right outside your window/house? It will get annoying over time, can you live with it?0
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princeofpounds wrote: »(There is a situation d) actually, which is that the parking space is outside your boundary but the neighbor has an implied right of way across your land to get to it. But that's another layer of complexity and probably not relevant)
So i called our developer and she confirmed that it’s actually situation D. We dont own the parking space in front of our house, it not part of the title, we just have the right to use it. So basically the can’t do anything about it. So now our solicitor is suggesting that we talk to the site office and dicuss this matter.
There’s actually two parking space beside us (Neighbours’) then a small space (about 1 foot) then an unallocated parking. We’re thinking maybe we can suggest to move the small space between us and the neighbour’s parking. So the two neighbours’ parking will be beside the unallocated one. At least there’s a gap between our parking and the neighbour’s. do you think our plan about the space is possible?0 -
You say you don’t own the parking space but you have the right to use it. Do you have an exclusive right or do others share the right? If so, you can’t guarantee being able to park in it.0
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Is it an error, or an annoyance?
Where I recently moved from, people's living rooms and even bedrooms fronted onto the parking area, where 2-3 neighbours' cars would be parked just 2' away. One had a living room window that had two cars 2' from the window; one had a kitchen overlooking 2 parking bays; one had a bedroom with 2-3 cars parking at right angles to their bedroom window.
Does it annoy you?0 -
katkatmachine wrote: »We’re thinking maybe we can suggest to move the small space between us and the neighbour’s parking. So the two neighbours’ parking will be beside the unallocated one. At least there’s a gap between our parking and the neighbour’s. do you think our plan about the space is possible?
All of the parking will be detailed in the planning permission for the development. You can't move it about.0 -
As above you wont be able to reallocate the parking it is agreed as part of the planning permission for the site.0
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If you don't own the space anyone can park in it or have visitors park on it. Is it acceptable?0
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I would never buy a house where the front garden was a car park anyway. Who wants a view onto piles of rusting metal boxes on wheels?0
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