Can we park outside our garage?
Discussion
treechopman said:
Well, therein lies the issue. The house has sold with us saying there was a parking space out the back. Now our neighbours are saying we shouldn't have advertised that. Hence the somewhat tricky situation making us a bit nervous. I don't want to have provided false information, but on the other hand I can't see anything that legally says we were wrong. To be honest we could have sold the house without mentioning the space in question but the sale went through before this became an issue.
You haven’t actually sold the house yet. Someone had said they’ll buy it (subject to their checks, or if the wind changes direction before money changes hands)Surely it’s up to the buyers solicitors to check out the small print etc etc.
If you’re worried about it, get your solicitors to highlight the parking section of deeds etc to the buyers.
If they still want it, great. If they whinge or want money off, tell them no & relist.
It’s a sellers market.
AlexRS2782 said:
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&TLQuite simply, you need to look at the rights and restrictions on the titles of both yours and the neighbours property. See if it mentions that bit of land or the garage.
The is a slim chance that the neighbour has prescriptive rights, but it’s really hard to acquire these if the land is sometimes occupied by a parked car. The fact that they argue your parked car blocks their access undermines any argument about prescription.
Note. Legal rights are not the same as pragmatic hood neighbourlyness.
The is a slim chance that the neighbour has prescriptive rights, but it’s really hard to acquire these if the land is sometimes occupied by a parked car. The fact that they argue your parked car blocks their access undermines any argument about prescription.
Note. Legal rights are not the same as pragmatic hood neighbourlyness.
If the op owned the land then surely they can park a cad on it unless anyone else has a right of way over it - which would be in the deeds.
The legal problem I would imagine is actually that of the other garage owner not the op. If they have a garage with no right of way for access that is their issue.
This is not about what is reasonable etc but what is the legal position for the sale of a house.
Parking is also evidenced by the Google earth pics.
I cannot see the issue from a legal standpoint ( which is all that matters from the op perspective )
The legal problem I would imagine is actually that of the other garage owner not the op. If they have a garage with no right of way for access that is their issue.
This is not about what is reasonable etc but what is the legal position for the sale of a house.
Parking is also evidenced by the Google earth pics.
I cannot see the issue from a legal standpoint ( which is all that matters from the op perspective )
I had a similar issue selling a property in a complex. Everyone parked outside their garages, and you could see this on Google Maps. So that’s what I put on the details: “parking space and garage”.
The buyer’s conveyancer questioned it, we checked, and sure enough they were correct - there was no right to park outside garages, apparently the area should be left clear for access. I’d had the place for years and had no idea, it’s certainly what people did.
So we went back and said exactly that: “technically you’ve no right, but everyone does and you can see they do on Google”. The buyer accepted it and sale was done.
I’d do the same personally. Admit it’s unclear but say that it’s never been a problem.
The buyer’s conveyancer questioned it, we checked, and sure enough they were correct - there was no right to park outside garages, apparently the area should be left clear for access. I’d had the place for years and had no idea, it’s certainly what people did.
So we went back and said exactly that: “technically you’ve no right, but everyone does and you can see they do on Google”. The buyer accepted it and sale was done.
I’d do the same personally. Admit it’s unclear but say that it’s never been a problem.
Jeremy-75qq8 said:
If the op owned the land then surely they can park a cad on it unless anyone else has a right of way over it - which would be in the deeds.
The legal problem I would imagine is actually that of the other garage owner not the op. If they have a garage with no right of way for access that is their issue.
This is not about what is reasonable etc but what is the legal position for the sale of a house.
Parking is also evidenced by the Google earth pics.
I cannot see the issue from a legal standpoint ( which is all that matters from the op perspective )
A right by prescription will not be in the deeds. That’s the bit the op can’t be sure about. The legal problem I would imagine is actually that of the other garage owner not the op. If they have a garage with no right of way for access that is their issue.
This is not about what is reasonable etc but what is the legal position for the sale of a house.
Parking is also evidenced by the Google earth pics.
I cannot see the issue from a legal standpoint ( which is all that matters from the op perspective )
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