Parking advice please

[gonewiththegin]

Hi all, not sure if this is the correct place.

I have moved in to a house a few years ago that had a driveway but not dropped the kerb. As far as I can’t tell this had been done around 10 years ago and no issues. There are concrete blocks against the kerbside to act as a ramp.

Letter received form council today telling me I have 14 days to remove the ramps as they are an obstruction on the road. If I do not they will remove themselves and bill me.

AIBU to think I shouldn’t have to fit the bill for this? I bought the house and I am not responsible for the obstruction. I do agree that it is that however I bought the house and surely not responsible for something that was done long before I purchased.

If you ask on Facebook, I'm sure you can find someone who can remove them for you for a small fee.

@KaptainKaveman

Your OP doesn't make sense. You say you moved into a house "that had a driveway but not dropped the kerb". If the kerb isn't dropped it cannot be considered a driveway, surely?

It was advertised as having a driveway they do not use it as such

If you've never used the blocks to access your paved front garden then I would advise the council as such. You could let them know that the blocks were there at the time of purchase and you assumed that they were the council's own street furnishings given you wouldn't be able to access any part of your property over a normal kerb.

@vanillandhoney

I'm confused. You say you have a driveway, but it's not a driveway if it doesn't have a dropped kerb. It's just a concrete front yard that you're choosing to park on instead of using the road.

If you want a driveway, you'll need to pay for a dropped kerb like everyone else, but be prepared for the council to say "no".

How can you be confused? You just explained it all in a nutshell. You havent even asked a question to alleviate you being confused.

@PolPotNoodle

If you've never used the blocks to access your paved front garden then I would advise the council as such. You could let them know that the blocks were there at the time of purchase and you assumed that they were the council's own street furnishings given you wouldn't be able to access any part of your property over a normal kerb.

This ⬆️

My question wasn’t if it was a driveway or a paved front garden. But thanks for your input.

My point is was that it was advertised by the estate agent as having a drive way and our solicitor never mentioned that this wasn’t actually the case.

I can get them removed or apply to have a driveway properly installed. The 14 day timescale from the date the letter sent seems a little unfair

Your solicitor wouldn't know whether it had a dropped kerb or not.

My dad came off his bike when he hit something similar, and was thrown in the path of traffic.
If legally they are your responsibility, you may be liable for that sort of accident?

Well it does have a driveway just not council approved legal access 🤷‍♀️ - surely you would have seen this when you viewed the property?

Unfortunately it's irrelevant the previous owners got away with it - it's not legal and the council have picked up on it so it has to go

Dropped kerbs can be done for fairly cheap by the Council unless a lamp post relocation is required

I think you are missing the point. You don't use it as a drive, so don't call it a drive as far as the council are concerned, and you have nothing to do with the ramps they want you to remove,

@MaggieFS

I think you are missing the point. You don't use it as a drive, so don't call it a drive as far as the council are concerned, and you have nothing to do with the ramps they want you to remove,

How does she have nothing to do with them? She knew they were there when she bought the house. Surely for all intents and purposes, they're hers?

Eh no actually they are not mine, nor are they my property as they are not on it. They are on the road and from what I can tell have been for at least 10 years

Interesting one

If you are not using and have never used them then I dont see why its on you to remove them. Are there any older google streetview images dated before you moved in?

If you are not telling the whole story and have been using them, them yes I think its fair to ask you to remove them.

If there is a pothole outside my house are you saying that I am liable for that as well? No, they would be ridiculous

You've got 2 separate issues.

1. The council, and removing the blocks. Regardless of how unfair it feels, you will need to engage with them constructively to sort it out. Start an application to drop the kerb and get the blocks removed as part of this. It will be costly but better to do it all at once.

2. Whether or not you were misled at point of sale by the estate agent about it being a 'driveway' and whether the solicitor was negligent in not checking that you understood it was not legally such. Honestly, I would not bother pursuing this. You're very unlikely to get anywhere, and there is a large element of buyer beware. I assume your solicitor didn't raise it because they didn't know to raise it - you were the people visiting the property, not them, so if you didn't say it was a concern that your drive was accessed via concrete blocks they wouldn't think to query that the drive existed. You should have noticed that it was unusual and no dropped kerb and asked them to enquire.

@gonewiththegin

Eh no actually they are not mine, nor are they my property as they are not on it. They are on the road and from what I can tell have been for at least 10 years

Well, I change myself from a YABU to a YANBU.

@Dawnlassie google street view that shows them without any of the external work we have had done or even the previous owners. we don’t use them. Even if we did I have no would still have an issue with paying for remove something that’s not on my property and given two weeks to do so

@gonewiththegin

If there is a pothole outside my house are you saying that I am liable for that as well? No, they would be ridiculous

It's not the same thing. Potholes are on the road and are the council's responsibility. Potholes also don't exist to allow you access to your property, whereas the concrete blocks do.

I presume they don't serve any other purpose asides from potentially allowing vehicles access to your land?

@MaggieFS

I think you are missing the point. You don't use it as a drive, so don't call it a drive as far as the council are concerned, and you have nothing to do with the ramps they want you to remove,

Or yes, option 3 is to tell the council that you didn't install them on the public highway, that they predate your purchase of the property, and that you do not access your driveway from the road, so they need to remove them.

However - this again will be a drawn-out process of frustration trying to prove to them it's not your responsibility, and if you want to drop the kerb at any point in the future it doesn't make any sense to take a stand on it...

It’s the same principal they council can’t point the finger at me for the blocks anymore than they can a pothole. Just because I currently own the property does not mean I had anything to do with the concrete blocks

@NoSquirrels thank you, I think we will have to apply to drop the kerb which shouldn’t be an issue as our neighbours got permission recently. Not an expense we had planned for but it is manageable

@gonewiththegin

It’s the same principal they council can’t point the finger at me for the blocks anymore than they can a pothole. Just because I currently own the property does not mean I had anything to do with the concrete blocks

No, but how are you planning to prove that you don't use them to access your property?

They'll just say theres no other reason for them to be there.

Can you put a solid fence up and send the council pictures? State your car does not access your property via the road..
Or put up a' free to good home' sign beside the ramps?

@gonewiththegin

It’s the same principal they council can’t point the finger at me for the blocks anymore than they can a pothole. Just because I currently own the property does not mean I had anything to do with the concrete blocks

Do you use them to access your patio?

There's a huge number of thick posters on this thread. Please can you all explain why she is legally responsible for some lumps of concrete that she did not create and that are not on her property?

(I'm not including the engineer in this, but I'd like him/her to explain further what law makes OP responsible for removing concrete from the public road?)