AIBU to think buying a house with a shared drive is asking for trouble?

[CourtsControversy]

There is a fantastic, outstanding house for sale in a good area but I've discounted even viewing it as it has a pre-existing parking agreement with neighbours that they can park 2 cars on the drive. There are 3 parking spaces where cars can easily park, then it gets tricky. We have 2 cars so may need to shuffle around each time a neighbour wanted to park. There is no on-street parking close by and no way to modify the drive. My argument is that it's a faff for all and the neighbours would get hacked off waiting for cars to move. My DH thinks the house is worth the sacrifice. If it was your dream house, would you do it?

One bar a few? I meant, one car - and they have no car

Bellablott that sounds horrendous. Hope it is resolved soon. Mrsmadevans I'm not competent technically, sorry (I can't even tag people!).

I appreciate all comments and this has reassured me that walking away is the right thing under these particular circumstances, so thank you MN.

I rejected a really very special property because the parking access would have driven me nuts. Run for the hills.

Glad you've decided to walk away. We've recently done the same with a similar issue and, with hindsight, I am SO FUCKING GLAD we did.

It's not just living there and managing it. It's selling it (and having to declare any disputes with your neighbours).

I'm a conveyancing solicitor and two things to be said here. Firstly, with apologies to any estate agents on here, they are not lawyers and are VERY unlikely to have sought legal advice on what they say to prospective buyers. I speak from experience. It is very common for agents to do this. When buyers say to me "oh the agent said..." the issue (whatever it is) gets aired and I have to advise them on the actual legal situation. When that happens, clients can of course be very disappointed.

Secondly, following on from that, you will only find out the truth when a solicitor looks at the title deeds and contract pack. I would seriously think about seeking preliminary advice on the parking issue from a solicitor if you like everything else about the house, because I would bet my bottom dollar that the agent is glossing over the issue and may even be totally wrong.

Third point (I know I said two, well, I'm a lawyer...) in my experience, if there is a watertight legal position such as an easement or covenant on a property, that will be (or damn well should be) put into the sales particulars by the agent, so you would be able to see the position in writing from the off.

I'm sceptical about the whole thing. And yes, I remember the other thread!

No no no. Absolutely not!

Bella - how have things been going on for so long?

Run away

The previous thread was deleted for privacy as people kept linking to the house despite the OP reluctance

It does sound like the same house. A few people in the know did some digging and the consensus was to run for the hills!

Peppermint Pasty I appreciate the comment. The parking arrangement is in the particulars but not in legal terms I.e. no mention of a easement or covenant. However the EA did sound weary when I queried it and said it was watertight so am assuming the route has been explored before. I'd expect someone with a vested interest in a sale to put a positive spin on a challenge, not the opposite. I suppose the only way to truly know is to have it checked out as you suggest.

Thank you GravityAlwaysW1ns, explains why I can't find the thread people are talking about!

Wasn't the previous house in the middle of renovation and a bit of a project? I remember the thread well. Lots of people advised to avoid it and OP said it was perfect house just existing agreement was onerous

What kind of shortsighted idiot sells or gives their ndns two thirds of their drive. Also how grabby of the ndns to even ask if they could have two of the three parking spaces available to them and their ndn. Must have guessed it would cause the neighbour hassle at some point down the line. I m working on assumption vendor and ndn are not one and the same

Absolutely not. When you say it’s watertight, do they have some sort of contract and who is that with? Might be worth getting a good legal bod to look at the “watertight” agreement, but don’t proceed unless you are sure you can get it withdrawn.

If it’s the previous house the parking restriction thing was set by the council as part of the conditions for been allowed to do the renovations iirc.

I agree with Clevs. Is this a verbal agreement or do the neighbours simply own the driveway next to it?

Link to the house OP!

Or PM me a link and I will tell you if it’s the same one.

@CourtsControversy best bit of advice anyone can ever give you about buying a home - first thing to prioritize is how well it will sell on.

It's the biggest investment you'll ever make (probably) and so your ability to liquidate it, is paramount because you never know when you'll need to sell and if you need to sell in a hurry, you just don't want to be stuck with something niche.

Oh I wouldn’t be interested in the house unless i was going to own my full driveway.

Even if you could find a way around this agreement, you’d be moving in to a house with neighbours who hate you for screwing up they’d parking agreement. There’s really no way to win in this kind of situation (unless you plan to never, ever have a car or any visitors who might want to use the drive).

I wouldn't even bother viewing it, sorry. You'd really struggle to sell it in future and resent your neighbour parking two cars whilst you can only park one

UnimaginativeUsername yes! That's the worry, even if the agreement can't be upheld and it was the neighbours or someone nearby they'd instantly hate us. It's just not worth it. I'll show DH this thread.

No. Absolute deal breaker and potential for huge problems in the future, especially selling in future. Run for the hills.

I'd walk on by
My BIL shares a drive and he constantly moans when we visit.
My parents have a barn conversion and own the long lane leading to it...but BUT the houses on the lane have legal right of way and boy do their visitors stir some shit! They couldn't give a toss if they block it off or not. My elderly parents are forever tooting their horn to get out or in!!

If I were buying a house, besides a roof and four walls my very own drive would be paramount on my long list.