Can we park outside our garage?

[Canon_Fodder]

To me, in the photo, it looks like your car is outside your area as marked on the LR plan

[dibblecorse]

Will all be about what the deeds say regards keeping clear for access, in truth its a crap situation as they are right at the pinch point, and can see their point, but if they don't use the garage its a moot one, you'll need to look closer at the paperwork and any potential covenants, there may be one on the lane that stipulates no parking down there, the fact cars are getting so much bigger (not aimed at you) makes it all worse as who is to say whoever you sell to doesn't start parking an SUV back there and compound their issue.

I'd triple check your facts, as you are selling you must. have instructed a solicitor to check with them you are within your rights to offer the parking space, as you may be misrepresenting.

Its a minefield but good luck.

[Pistonheader101]

Be friendly with your neighbours - when you want to park a car there just let them know. And leave your phone number with them incase you need to move it

[Canon_Fodder]

Pistonheader101 said:

Be friendly with your neighbours - when you want to park a car there just let them know. And leave your phone number with them incase you need to move it

The OP is selling the house

[Al U]

treechopman said:

Our neighbours (below our house on the map in blue) have claimed we are only allowed to use this space while they aren't using their garage. If using their garage, they say they need our space to perform a three point to turn into their garage.

I'd be amazed if there is anything on your deed that amounts to that exact wording. Whether the neighbour has a right of access over the space you are parking in is a different matter though...I'd be having a look at your deed and buying a copy of theirs.

[dibblecorse]

OP, also might be worth reposting this in Speed, Plod & Law as loads of legal eagles in there that may be able to give more informed guidance

[PurpleTurtle]

Al U said:

treechopman said:

Our neighbours (below our house on the map in blue) have claimed we are only allowed to use this space while they aren't using their garage. If using their garage, they say they need our space to perform a three point to turn into their garage.

I'd be amazed if there is anything on your deed that amounts to that exact wording. Whether the neighbour has a right of access over the space you are parking in is a different matter though...I'd be having a look at your deed and buying a copy of theirs.

We have a similar arrangement, 1970s build houses, the garages share a communal turning area.

The deeds clearly state that the garages are for parking of cars and that no cars should be parked in that area. This of course dates from the times when people were invariably single car families, didn't fill their garages full of junk, and used them for garaging their cars.

Over time people have become two car families and this deed ruling has been collectively ignored by various neighbours, but if somebody wanted to enforce it, they could.

I would check your deeds and alter your listing accordingly, else you could be in a spot of bother.

Is your garage full of junk like mine, by any chance?

ETA: your neighbour is right to be concerned. Looking again at the blue cross, they are squeezed in the corner there, they don't know who is buying your place, it could be someone with a Smart Car (fine) or a Van/Motorhome (not fine) that wants to make their access really difficult.

Edited by PurpleTurtle on Friday 27th May 11:41

[treechopman]

Thanks for the replies all. It's a little complicated - our house was built around 1913, but the garages weren't erected until 1949 (or possibly 1979, it's a little unclear). I can see the planning permission approval document from 1949, but I can't see any mention of the garage in our other documents. Where might I be able to find mention of access to the garages?

[essayer]

treechopman said:

But we are about to sell the house, and they were annoyed that we advertised that it had a parking space out the back.

Keep the neighbours happy, say no more about it and keep the car elsewhere until you move. Schedule viewings when you know they're out, if possible.
It'll be up to your buyers to investigate and determine if they can or cannot keep a car there.

[treechopman]

essayer said:

Keep the neighbours happy, say no more about it and keep the car elsewhere until you move. Schedule viewings when you know they're out, if possible.
It'll be up to your buyers to investigate and determine if they can or cannot keep a car there.

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.

[treechopman]

Should also note it's never been an issue before. Obviously I can see why they want to avoid any confrontation with our buyer in future. But on the other hand we don't want to potentially scare the buyer off, making it sound like there's this argument between us and the neighbours (when in reality we've been very friendly with them until now), if what the neighbours are claiming is untrue.

[SuperNads]

Well how would you expect your neighbour to access their garage if there's a car parked there? With these things I always think even if you have the right to park there, it's a bit rude to do so unless you have an agreement with the neighbour.

[Deranged Rover]

Surely this comes down to the fact that the legality is a bit irrelevant. If you're parking in such a way that you're making parking difficult for your neighbour, then you're being a bit of a tt.

Also, yes, you were cheeky saying there's a parking space out the back - at the best there is an "area where you could possibly leave a car"

[Canon_Fodder]

Deranged Rover said:

Also, yes, you were cheeky saying there's a parking space out the back - at the best there is an "area where you could possibly leave a car"

It looks a reasonable size for a motorbike but it's not a car parking space. We can see that even what the OP describes as a 'small car' doesn't actually seem to fit in the space even when bumper-to-bumper with the other neighbour's car, which is parked in a similar manner

OP, did you show your buyers the area in question when they viewed the house? Was the matter discussed?

[Indecision]

Google Maps certainly backs you up given there are two cars parked there!

[essayer]

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.

I assume your advert would have had something on it like "we do not guarantee the accuracy of the information provided"

The status of the parking space would be detailed on the property title and it would usually say on there if you had an obligation to keep it clear for adjacent access etc.

If your buyers are concerned they can ask their conveyancer to check; to me, the plan suggests it's too small to keep a car on anyway.

I'd keep quiet about it!

[Canon_Fodder]

Indecision said:

Google Maps certainly backs you up given there are two cars parked there!

But... the only way for the OP to move his car is to reverse over his neighbour's land... So they are only asking to be able to do what he seems to have been taking for granted.

[treechopman2]

OP here, just had to make a second account because couldn't post again...

To clarify some points. They've never use their garage while we've lived here, hence why this hasn't been an issue before. I wasn't even aware us parking our car here was a potential issue until they came round the other day.

The car does fit inside the bounds of our property. The issue for me is whether it impedes them or not, which I'm just not 100% clear on... Obviouslly we don't want to be unreasonable about it.

[treechopman2]

And sorry, just to ask another question. Is there a way to find out the details regarding the construction of the garage? I can't seem to find mention of it, how can we find out if the space in front is for access only or not considering the garage was built 40 years or so after our house?

[Funk]

I'm afraid that looking at it from the Google Maps pic you've posted I'd be siding with the neighbours here. I'm looking at houses at the moment and wouldn't consider that a 'parking space'.

As others have said, it looks like a car parked there might either a) overhang your boundary or b) need to move over theirs in order to leave. Your car might fit but mine most likely wouldn't at 5m long. Perhaps pics of the location with your car in-situ would be more informative.