Neighbouring house for sale. Do I contact the estate agent or not regarding parking?

[DolleMae]

So, ongoing saga and inconvenience caused by tenants in a local house.

House is set in a shared courtyard development, with parking for one car. Covenants in the deeds include that there must be free and full access at all time to the courtyard.
Except, currently, the tenants have three cars and park in the middle of the courtyard.
Contact with tenants ( their employer as it is rented as a staff house), house owner and the company that organised the rental ( same estate agent as selling) have all ignored the covenant and the difficulties this causes to other residents ( including preventing access by emergency service vehicles when a child was in need of an ambulance).

House is now for sale.

I am thinking of sending the deeds of my house and the other house to the estate agent, asking that these are shared with prospective purchasers. My thinking is that this would help local residents and also save a buyer buying something that turns out to be different to what they thought.

Do you think, I should?

DolleMae · 17/10/2024 21:16

For those saying it will come up in conveyancing. You would think so wouldn't you! 🤞
I'm just worried that the current owner doesn't seem to know this, from when she bought?

I'd say that, as the OP hasn't managed to persuade them to stop, they just don't give a shit.

When I bought my first house, they didn't know that there was a chief rent. It's only £6 annually, but the point is, they missed it.

No, no company involved.

Get together with the other owner occupiers and agree to put a sign or signs up saying each household has one parking space only. Then get some made and put up asap so prospective buyers will see them.

I'd do that too, make you signs saying

"one space per house. No visitors parking".

And put near the entrance so nobody can miss it.

Thanks both of you, above.

Yes, something to consider.

It is really helpful that most people who have voted, think I should contact the estate agent and provide a copy of the deeds for the house that is for sale and for my house.
I will do that today. Some of the wording from @EliflurtleAndTheInfiniteMadness is very helpful, thank you. Any other ideas on wording the email much appreciated!

Have you looked at a copy of the deeds for the house that is being sold?
They may not have the same covenant as your deeds.

Get a recorded delivery letter to the solicitors and agents reminding them it is 1 parking space and their listing could be seen as misleading.

if there is an issue in the future it will be helpful.

also every social media link with ‘parking’ comment ‘love how they’ve missed out that it’s only 1 allocated space and no spare spaces’ as a household with 3 cars I’d not even look at this house.

How can the EA just brush it off as "the owner disagrees" without referring to the actual deeds?

I'm moving in to my neighbour's house next week. She's under the impression that she bought and paid for it years ago, has her name on the deeds and various other important paperwork and is the official owner....... but I disagree!!!

We had to ring the estate agent of our neighbours house a few years ago because they had described the house as having 3 parking spots including a turning circle that was on our land, very swiftly put an end to that so the advert was changed. Not that it stopped the future neighbours from using it...was pleased to get shot of that house!

I wouldn't do anything that might impede the sale. The current owner and tenants don't give a toss, but the new owner should have it brought up during conveyancing. The odds are far better with a new owner, at least it is unlikely to be worse.

What exactly does the paperwork for that house state with regards parking? Do the covenants specify one car only or just access to be kept clear?

I would email the estate agents and make them fully aware of the parking issue
then if any new buyers kick up a fuss you can show them the email which proves the EA was aware

THIS ^ that means anyone doing a drive by or walk by to have a look will see that there is only parking for one car per house. My friend went to look at a house and there was a massive sheet hung over the boundary fence saying boundary dispute on this house. Meaning anyone coming to look would know.

Hopefully you know someone who has a laminator or just use those clear pocket things, tape it closed and put it up upside down so no rain gets in. I would make several signs so it is incredibly clear.

It doesn't impede the sale it informs the potential buyer, you can even include a copy of the section of the deeds that state there is one parking space. I think people don't realise you can download and access any deed of any property to check anything you like, including whether the neighbour's deeds reflect the same things as yours such as shared access etc.

Yes, I have a copy of the other house deeds and my own.

They do differ, the plans with my house deeds show that the other house has one space. The deeds to the other house don'tcactually include any parking.

The covenant is the same on both, ‘free and full access across the areas marked’. The areas marked are where the remnants park.

The tenants still live there, they would take down any signage.

I'd definitely make sure you've supplied it to the agent in writing so that they (and preferably also supply to the house owner in writing as well) so that if/when they fail to inform the buyer the buyer has the evidence to obtain compensation for their loss.

Is there CCTV on the courtyard? If not I'd get some yellow spray paint from a builder's merchant and go and paint my own cross hatchings in the areas you aren't allowed to park in. Whilst the three offending cars are not there obviously. The spray paint lasts a few weeks but not forever so your vandalism won't be too terrible...

Put the sign inside your car windscreen and on the rear window too. Put it in your house window, they can't take that down.

A little update.

By the time I pulled together the deeds and an email, the house had sold. However I sent everything off to the agent anyway, thinking the ‘buyer’ still needs to know what they are buying.

I got a thank you message from the agent, including that the solicitor deals with this.

Four days later, the sold sign has gone and looking at Rightmove the house is back on the market.

A staff house. What kind of business is the company? Surely they have some form of responsibility for how their employees behave.

I used to sit at traffic lights on a regular commute, where there was a big sign in the window of ground floor flat stating "prospective buyers of first floor flat should be aware that there is an ongoing dispute with the freeholder of this property"
I often wondered what the back story was

But who holds the original covenant you mention? They are the ones who can enforce it. If the original covenant holder is not longer in existance, it is hard to understand who would have legal right to present a challenge.

There are millions of homes in the UK with convenant restrictions in their deeds that there is no-one to round to enforce.

The covenants ensure that all residents can access their homes and can live safely.

The covenants were written in 2010, so fairly recent.

Yes I understand that. But if there is a covenant there must be a person or organisation who laid down that covenant. They are the ones with the legal right to enforce the covenant. It should be in your deeds or documentation when you bought the property.

It's a good point, My parents' home (semi-detached house in the 60's as part of a Victorian home) had a clause that said single family homes only, no businesses should be run. Current owner uses it for AirBnB - apparently knows nothing about the clause. My mum is too old to enforce that clause.

I will take a look at who legally enforces.

Currently though it is about the restrictions ( covenants) working in practice. We all knew the restrictions when we bought and for the main part these restrictions work as an agreement between all residents. ( for instance only park in the agreed parts otherwise you block everyone else in!).
When purchasing, these are shared by the estate agent ( if pushed in this case) and the solicitor, so again, there is a common understanding of the agreements. Again, in this case no use someone buying the house mentioned with three cars to park…because they can't park them.