Can we park outside our garage?
Discussion
OP, am I correct in thinking that you have to drive over your neighbours land to park your car in that 'space'?
If so (and it looks like that) I think that's an issue, as you probably don't have a legal right to do that.
If, say, they and the neighbour on the other side both fenced their land, would your area still be usable as a parking space? Looks like a 'No' from the photo and so I would say that disqualifies it from reasonably being able to be described a a 'parking space'
If so (and it looks like that) I think that's an issue, as you probably don't have a legal right to do that.
If, say, they and the neighbour on the other side both fenced their land, would your area still be usable as a parking space? Looks like a 'No' from the photo and so I would say that disqualifies it from reasonably being able to be described a a 'parking space'
AndyC_123 said:
Morals aside, I would say that if you're parked on your own land and as shown on the deeds, how they access their land/garage/property is their problem and should have been thought about before they purchased. Unless something in planning stating right of access.
but - the OP needs to drive over his neighbours land to park in the way he is doing...treechopman said:
What do people think? As far as I can tell there is no legal agreement that they are allowed to use our land for manoeuvering but maybe I am wrong. It's also much of a muchness, because we've lived here 2 and a half years and they've never used their garage. But we are about to sell the house, and they were annoyed that we advertised that it had a parking space out the back.
Any thoughts appreciated, cheers.
You could take out the bit about the parking space.Any thoughts appreciated, cheers.
Why is this even a discussion? OP said that the house is sold, so the buyers would have presumably already viewed the garage and parking area and decided that it's suitable for them. Just sign the paperwork, give them the keys and get on with your life. That's their problem to hack out with the neighbour now.
r3g said:
Why is this even a discussion? OP said that the house is sold, so the buyers would have presumably already viewed the garage and parking area and decided that it's suitable for them. Just sign the paperwork, give them the keys and get on with your life. That's their problem to hack out with the neighbour now.
He said they were about to sell which suggests no deal done yet. Personally, regardless of rights and wrongs, I would be as polite as anything to the neighbours and move the car if possible to avoid them causing difficulties with the sale.
Probably better to reword the advert. If you asked me to describe that set up, I would just say that there is "a garage to the rear" rather than a "parking space" to avoid any potential misrepresentation argument.
Whether it's a parking space depends on:
Whether there's room for a car to park entirely on the OP's property.
Whether there's right of access over either of the adjoining properties in the deeds to facilitate access. I would guess this is unlikely.
Or whether there are prescriptive rights acquired through use over time to. This is more likely.
The neighbour is the same boat over the question of whether a car can be parked there if it obstructs their ability to park their car or access their garage.
From what the OP says parking there may not be an obstruction because it's possible to still get past. The neighbour is less likely to have prescriptive rights as it looks like they a) don't need access over the OP's land and b) haven't been using it anyway. The rights aren't necessarily reciprocal.
Surprised none of the posters that actually know about this stuff have contributed, OP I would wait until an expert does, because so far the advice you've been given is only one step above speculation. Including from me.
Whether there's room for a car to park entirely on the OP's property.
Whether there's right of access over either of the adjoining properties in the deeds to facilitate access. I would guess this is unlikely.
Or whether there are prescriptive rights acquired through use over time to. This is more likely.
The neighbour is the same boat over the question of whether a car can be parked there if it obstructs their ability to park their car or access their garage.
From what the OP says parking there may not be an obstruction because it's possible to still get past. The neighbour is less likely to have prescriptive rights as it looks like they a) don't need access over the OP's land and b) haven't been using it anyway. The rights aren't necessarily reciprocal.
Surprised none of the posters that actually know about this stuff have contributed, OP I would wait until an expert does, because so far the advice you've been given is only one step above speculation. Including from me.
paulrockliffe said:
Surprised none of the posters that actually know about this stuff have contributed, OP I would wait until an expert does, because so far the advice you've been given is only one step above speculation. Including from me.
It's rather unfortunate that this was transferred into 'Homes & DIY' rather than S,P&TLR56Cooper said:
r3g said:
Why is this even a discussion? OP said that the house is sold, so the buyers would have presumably already viewed the garage and parking area and decided that it's suitable for them. Just sign the paperwork, give them the keys and get on with your life. That's their problem to hack out with the neighbour now.
He said they were about to sell which suggests no deal done yet.treechopman said:
The house has sold
Neighbour can whinge all they want. He'll be leaving shortly and handing the keys to the new owner so seems to be working himself up into a bit of a lather over nothing.treechopman2 said:
Thanks all, this is super useful. I guess we just didn't realise how much of an issue this would be.
You've sort of got two issues. One is that you've described the house as having parking & most posters disagree & think you're stretching it. If your buyers start parking there & the neighbour kicks off, everyone starts looking at deeds & covenants & before you know it they are coming after you for misdescribing the house. The second is that you're on the verge of creating a dispute that needs declaring to any buyers & you probably don't want that.I'd suggest you stop parking there, tell your buyers it was an error & make sure the EA description is changed in case the sale falls through. Just be honest - treat your buyers as you'd like to be treated.
r3g said:
R56Cooper said:
r3g said:
Why is this even a discussion? OP said that the house is sold, so the buyers would have presumably already viewed the garage and parking area and decided that it's suitable for them. Just sign the paperwork, give them the keys and get on with your life. That's their problem to hack out with the neighbour now.
He said they were about to sell which suggests no deal done yet.treechopman said:
The house has sold
Neighbour can whinge all they want. He'll be leaving shortly and handing the keys to the new owner so seems to be working himself up into a bit of a lather over nothing.Canon_Fodder said:
paulrockliffe said:
Surprised none of the posters that actually know about this stuff have contributed, OP I would wait until an expert does, because so far the advice you've been given is only one step above speculation. Including from me.
It's rather unfortunate that this was transferred into 'Homes & DIY' rather than S,P&TLNot read the whole thread, but how does the OP parking block access to that garage?
If you’re traversing that area chances are you won’t turn quickly enough to get in the garage marked in red?
Ok you might be restricted to reversing into the garage from the north to south direction, and then leaving to the north and turning around to go south.
But I’m not sure that changes if the car isn’t parked outside the blue garage?
Maybe it feels tighter, but is it actually limiting?
Fair play if deeds say stuff etc. Different matters for conveyancers to deal with any way shirley?
If you’re traversing that area chances are you won’t turn quickly enough to get in the garage marked in red?
Ok you might be restricted to reversing into the garage from the north to south direction, and then leaving to the north and turning around to go south.
But I’m not sure that changes if the car isn’t parked outside the blue garage?
Maybe it feels tighter, but is it actually limiting?
Fair play if deeds say stuff etc. Different matters for conveyancers to deal with any way shirley?
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