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Neighbours house for sale ... (it's a sort of parking one...)

8 replies

MrsExpo · 31/07/2017 14:10

We live in a close of 5 detached properties - one of which (the corner house, here in after referred to as CH) has recently been put up for sale. All the houses open onto a shared driveway which gives vehicle access to the parking spaces at the front of each house and all of the houses have side-by-side parking spaces.

Due to the layout of the houses and driveway, CH has only two spaces in front of what was their garage, but which they have had converted into a utility room and gym (!!). There is a restrictive covenant on all the properties requiring owners to park only on their own drives and NOT on the communal driveway. Apart from occasional guests/visitors, everyone except the people at CH obey this. CH people have had an old car parked adjacent to their drive for 18months. Not turned a wheel in that time and we all hope it will be removed when (if) they move. Our repeated requests for it to be moved have been greeted with shrugs and no action. Everyone else obeys the "no parking" requirement.

We now see that the estate agents details for the house are stating that the house has three parking spaces and plenty of additional space on the drive way for more cars to be parked, giving room for four or more vehicles. To say that the rest of us are pretty unhappy about this is an understatement and we are all keen to avoid any confrontation with any future owner, and also to ensure that the house isn't sold with this assumption in place. Both ourselves and the NDNs have written to the EA pointing out the error and correcting the information, but - as yet - the listing remains inaccurate. It's one of those on-line EAs so not easy to contact.

We are unsure what to do and are keen to avoid any issues with future owners (house not sold as yet). Any ideas or thoughts would be very welcome. Many thanks.

I should add that the vendors are very unpopular with the rest of us for a variety of reasons and we're all pretty happy they are thinking of moving, but the tension makes "reasoning" with them impossible, sadly.

OP posts:
Gizlotsmum · 31/07/2017 14:14

Hopefully any land registry search will show the convenant and they won't be able to deny it

CauliflowerSqueeze · 31/07/2017 14:19

did the EA reply to you?

I would want categorical evidence that they had received and understood the letter. Can you go into the EA and then follow up your discussion in writing and recorded delivery.

Yes ideally the solicitor will point all this out, but just in case.

In addition, dont the vendors have to declare any disputes? Shouldn't it come up then?

BlackAmericanoNoSugar · 31/07/2017 14:20

Do potential buyers for the house walk past other houses to view the CH? You could tape a big notice on the inside of a window saying 'potential buyers please read' and state that contrary to the EA details there are only two parking spaces and a covenant against using more. Keep it there until the details are corrected.

HoneyDragon · 31/07/2017 14:21

A few of you need to point this out to the current neighbour, ideally in writing, if they don't resolve it than they will have to declare an ongoing dispute when selling the house which they won't want as it will reveal they've misled the property to the buyer.

CauliflowerSqueeze · 31/07/2017 14:22

I would also get a friend to ring up the EA and ask about the parking. See if they admit that in fact their advert is plastered with lies.

HoneyDragon · 31/07/2017 14:28

If it's an online agency the house owners will have submitted details directly themselves. Hence it's so difficult for the op to get hold of someone.

AhoyPirates · 31/07/2017 14:36

The EA won't tell potential buyers, it comes down to the solicitor. The EA works for the seller not the buyer.

Personally I would write to the owner of CH telling them to get the details amended and that you will take legal action regarding the car parked on the shared driveway. That way they would have to declare a dispute with the neighbours over parking but that it had been resolved as they moved the car.

A £25 solicitors letter putting them on notice would be well worth the investment. Plus it tells potential buyers that you can only park 2 cars and not an additional ones on the shared drive.

If you don't stand firm now then potentially new owners could bring 4 cars because why is it different for them when you all turned a blind eye to the 3rd car from the the current owner.

HipsterHunter · 31/07/2017 14:38

I think sending official letters to the neighbor asking them to comply with the restrictive covenant might be worth doing. Get some evidence that there is a neighbor dispute.

Also you could stick a really stick massive note to the car on the drive saying "SO NOT PARK HERE" which might put off viewers!

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