Private Road Parking Legalities

BlueCherryBlossom · 2021-03-22T16:15:56+00:00

We are in the process of buying a house on a private drive. The house we are purchasing is at the end of the drive, there is one other house. The other house owns the driveway, and our survey has just confirmed that they own it right up to the double garage door of the house we are buying so technically we'd own zero driveway space of our own. Is it likely that shared access agreements would include us being able to park in front of the garage? I mean, it doesn't impact the other house at all as they are further down the drive... but it's their land so? I'm probably worrying about nothing and they'd have to be pretty unreasonable neighbours to insist we garage our cars after every single use (plus what about visitors?), but anyone in the know with this sort of thing? I have no idea what 'the norm' is? Maybe there isn't a norm? Oh and I realise the conveyancing process will cover this sort of stuff, I'm suppose I'm hoping someone could put my mind at rest in the meantime!

FelicityPike · 22/03/2021 16:18

You need to speak to the neighbours and ask them what’s acceptable to them.

forestsmurf · 22/03/2021 16:21

We have a similar situation but we own the private road/driveway. However in out situation the other house (5 of them) have right of way over the drive and 1 parking space per house. In our situation we dont allow the other house hold cars or visitors to park on our land unless they have asked specific permission (ie a builder for work being completed)as they're 5 houses and it could get complicated. In your situation you may be ok but I wouldn't presume so. The Last owner of the house we are in wouldn't allow anyone to park under any circumstances (he was an arse).
I would knock on and speak to the prospective neighbour first and ask what the deal is.

dotdashdashdash · 22/03/2021 16:22

You need to look at the deeds - there is probably right of way access, but you may need to get written confirmation from your potential neighbours to be allowed to keep a parked vehicle there. I wouldn't buy it without it. They may be dicks!

Original poster

BlueCherryBlossom · 22/03/2021 16:24

Really? Are there not 'official' legal agreements about such things when there is shared access?

I'm a bit wary of being at the mercy of whoever happens to live next door. What if the current neighbours are lovely and the next ones are arseholes?

For example, surely they couldn't stop us using their driveway at all at otherwise we wouldn't be able to access our house at all so there must be some sort of minimum legal shared access agreement?

Panicking now!

OP posts:

Original poster

BlueCherryBlossom · 22/03/2021 16:32

Interesting to hear from someone in the opposite position @forestsmurf! I should think 5 houses is much trickier.

I guess if we added an electric garage door it wouldn't be a major issue, other than for visitors. We do have (well, in non Covid times) elderly parents visiting for weekends and friends popping for coffee or dinner or whatever so guest cars might be more of an issue if the neighbours are indeed dicks.

OP posts:

toddlerchaos · 22/03/2021 16:41

I looked and considered a house like this once just one house owned the drive, I was told access only so would be allowed down just to drop shopping to my door but would not be allowed to park, I ruled it out, I wouldn't want to be at someone else's mercy

someonelockthefridgealready · 22/03/2021 16:47

All situations of shared access will be different, so you really do need to check the deeds. As you have a garage, you most likely have a right of way across the drive (but no guarantees), and there's no guarantee you have a right to park outside your garage.

Original poster

BlueCherryBlossom · 22/03/2021 16:50

I hear you @toddlerchaos.

We are in love with this house though. It's in an incredible location and having seen soooo many others it was always 'the one'.

I'm actually glad I posted as I think it's made me realise we can cope with the worst case scenario. DH has just said that the garage is already remote electric so our two cars will fit in there. There is on street parking at the end of the private drive (which isn't long), so we could chuck one of our cars on there when expecting a visiting car. Anything else is a bonus.

OP posts:

toddlerchaos · 22/03/2021 17:07

@BlueCherryBlossom

I hear you *@toddlerchaos*.

We are in love with this house though. It's in an incredible location and having seen soooo many others it was always 'the one'.

I'm actually glad I posted as I think it's made me realise we can cope with the worst case scenario. DH has just said that the garage is already remote electric so our two cars will fit in there. There is on street parking at the end of the private drive (which isn't long), so we could chuck one of our cars on there when expecting a visiting car. Anything else is a bonus.

That's not so bad especially if your garage can fit two cars, the one we looked at had no garage so it was just to drop things off. It's good you can put up with the worse case and hopefully it will be better

Midlifephoenix · 22/03/2021 17:09

Just because they own it doesn't mean you can't come to some arrangement in perpetuity that would allow you to park outside your house. Ask your solicitor. Make sure access is iron clad. (This situation almost derailed a chain when I bought with my husband 20 years ago. The owner of the drive wanted £20,000 from the new buyer - top of the chain - to get the right of way made permanent. We all stumped up some money as we were desperate not to have the chain collapse).

GU24Mum · 22/03/2021 17:22

I'd definitely try and see what the neighbours are like before you commit to the house if that's possible.

Slightly different but my friend lives on a private road with incredibly odd neighbours who were extremely aggressive and intimidating when I parked on the road once - not across their drive or even that near - so I'd want to try and make sure I wasn't going to have to deal with notes or shouting from next-door every time someone stopped to drop something off etc.

Do you know why the sellers are selling.................?!

Original poster

BlueCherryBlossom · 22/03/2021 18:17

@Midlifephoenix

Just because they own it doesn't mean you can't come to some arrangement in perpetuity that would allow you to park outside your house. Ask your solicitor. Make sure access is iron clad. (This situation almost derailed a chain when I bought with my husband 20 years ago. The owner of the drive wanted £20,000 from the new buyer - top of the chain - to get the right of way made permanent. We all stumped up some money as we were desperate not to have the chain collapse).

We'd actually consider offering to buy 'our' end of the drive (the way it's laid out it's odd that the neighbour owns it), or some sort of leasehold deal. That said, I suspect maintenance of a split shared drive would be tricky. It's in great condition now so no maintenance worries, but we'll want to sell it eventually...

OP posts:

CovidCorvid · 22/03/2021 18:22

Friend of mine lives in a similar setup but she’s in the house which owns all the drive. Other house has access to their garage only. Friend does not allow them to park on the drive.

The deeds should specify and generally if it just says access then that means you can only cross it, not park your car on it.

NeedaLittleNap · 22/03/2021 18:28

Great that you have got a way forward.

My first thought is that it may be designed this way so the space can be kept free as a turning circle. A friend of mine has a house with no right to park in front of her own garage. She could probably push it, I doubt the owners would take her to court or anything but it would only make it trickier for delivery drivers etc, so she doesn't. Might be worth asking the neighbour or vendors where visitors park, Eg a little further up the road to preserve the turning space for themselves and others.

Original poster

BlueCherryBlossom · 22/03/2021 18:31

@GU24Mum

I'd definitely try and see what the neighbours are like before you commit to the house if that's possible.

Slightly different but my friend lives on a private road with incredibly odd neighbours who were extremely aggressive and intimidating when I parked on the road once - not across their drive or even that near - so I'd want to try and make sure I wasn't going to have to deal with notes or shouting from next-door every time someone stopped to drop something off etc.

Do you know why the sellers are selling.................?!

The neighbours have no reason to be arsey about parking at all as ours is further down the drive from their house (ours is end of a cul-de-sac type thing), and they have enough parking for a whole party.

No concerns re sellers reasons. They are fairly elderly and selling a big family home that they've been in for 30 years, to be closer to children/grandchildren.

OP posts:

Original poster

BlueCherryBlossom · 22/03/2021 18:36

@NeedaLittleNap

Great that you have got a way forward.

My first thought is that it may be designed this way so the space can be kept free as a turning circle. A friend of mine has a house with no right to park in front of her own garage. She could probably push it, I doubt the owners would take her to court or anything but it would only make it trickier for delivery drivers etc, so she doesn't. Might be worth asking the neighbour or vendors where visitors park, Eg a little further up the road to preserve the turning space for themselves and others.

Hmmm re turning circle I don't think so in this case as the other house has tonnes of generous driveway room next to their house, certainly enough to turn a few cars in.

To be fair I have no idea whether we'll be allowed to park or not, this might be a total non issue! Not an insurmountable one though.

OP posts:

savvy7 · 22/03/2021 18:41

Private roads and shared drives etc are a nightmare for so many reasons. I would steer clear and buy something straightforward.

Original poster

BlueCherryBlossom · 22/03/2021 18:47

We are set on this house so will make it work, interesting reading all the responses though!

Thankfully it has enough going for it to make it still our house of choice. Admittedly it will be a pain to park in a garage, but then we've lived overseas and had to do the same and coped so not a deal breaker. There is on street parking around the corner.

OP posts:

SpeakingFranglais · 22/03/2021 18:55

I have this exact situation. Next door own the drive but we own the bit in front of our garages. Never been an issue, as long as neither of us prevent the other accessing their property or making turning difficult.

SpeakingFranglais · 22/03/2021 18:57

Maintenance BtW is split 50/50 as we both use the drive, and at varying times have had similar numbers of cars parked there.

Our neighbours are great.

StCharlotte · 22/03/2021 19:14

I worked in conveyancing for years. I'm obviously losing my touch because I think I need a diagram...

Original poster

BlueCherryBlossom · 24/03/2021 17:13

By way of an update, (in case anyone with the same issue stumbles on this thread) I have taken the advice on this thread and spoken to various people (vendors, neighbours, solicitors) and it all seems ok.

Vendors have parked with zero problems for 30 years with 5 different drive owning neighbours, current neighbours are lovely and reasonable, and all drive maintenance costs are shared (fine by us).

Solicitor says the vendors will be asked to write a letter (or some policy?) stating that they have parked on the drive for the duration of the 30 years, which offers a bit more reassurance too (if completely unenforceable!).

Feeling reassured.

OP posts: