Would we not own driveway?

[Nortam]

I downloaded the deeds for the house I'm buying and it looks as though the driveway in front of the house isn't included? It's ex council if that makes a difference. It did used to be grass but was converted into a drive by the previous owners. (Most other owners have done the same) or is it normal for front gardens not to been shown on the deeds? We are first time buyers so have no idea. Thanks in advance

If you don't own the land then yes the value would be less, but would the mortgage company know that necessarily or just assume like you did? Fingers crossed

I pulled out of a house sale like this, was 3 months in too.. the house was freehold, but didnt own the driveway and there was a small maintence charge every year for the upkeep of nearby parks and roads..

I didnt want to buy a house and not own the driveway.

Is there anyone at the council that will help concerning knowing if they’d come back at some point and want the original grass frontings put back to how they were?

You will have to inform the mortgage company and they will probably downvalue the house. You could request to buy the land from the council? They really have no reason to want to hang onto it, they might be happy to sell. I wouldn’t buy the house unless you can also buy the land.

If all the houses in the road are in the same situation, does everyone park on the driveway in front of their property (that they don’t own) or is there space for on street parking too?

Still time to buy another house before your mortgage offer runs out @Nortam. I wouldn't waste anymore time on this one.

Very common that in the 60’s the front area was not owned by the homeowner but instead you’ll probably find it’s owned by the council. Usually it’s half and half so often you’ll see half a driveway with the final bit to the road excluded but your deeds show no ownership at all.

It depends how much you were hoping to make use of the space, whether a driveway is important (unlikely but could be changed if they needed to widen the road).

Thanks all. We just keep going round in circles with what to do. Not sure if we should continue with the sale or look elsewhere but we wouldn't get anywhere near a house as big/nice for the same price.

@moodymary everyone uses 'their' drives. It's a cul de sac so not really any on street parking.

Can you speak to the council about it? Ask what the rules are etc

@Nortam I think you will have to accept that if you buy this house, you probably won't have any problems parking on the drive, as I'm sure the current vendor has found together with other neighbouring owners, except that you now know that you don't actually own it, and probably never will. If you can live with that then go ahead. Equally, if you do want to go ahead, maybe consider renegotiating the price.

However, if this is likely to eat away at you during your ownership, worrying you over resale difficulties (though you can be upfront from the beginning so that future buyers are not surprised part way through their purchase), then this property is not for you. Renegotiating the price if you're worried about the property being overpriced now that you know the situation, is not going to help at all if the crux of it is that you still won't own the driveway.

I completely agree with @Frecklespy
It probably won’t cause you any issue but it will be on your mind, especially when you come to sell.

You're only getting it for the 'good' price because it doesn't include the land to the front.

Update....

My solicitor asked sellers solicitor to apply for right to use the driveway but sellers solicitor refused.

I asked my solicitor for advice and they said they couldn't give me any and asked if I still wanted to proceed.

Personally I'd go ahead.
The land owner is answerable to the public and unlikely to make any changes to the current set up.
Many houses are in the same boat.
The vet very standard house I lived in was separated from the road by a public footpath which has a dropped kerb. I drive over that daily to access my drive, there were horses who didn't have a dropped kerb, when the council resurfaced the pavement they offered to make that for any residents who didn't have it, I don't think the legal right to cross that footpath was absorbed in a document so much as by convention.
If they tried to block your access as the land owners you could probably prove years of customary access and prevent the action.
You can put in a legally recognised right if access once you are the owners.

Buy the house... but it is good that you have exactly what you're buying known. No nasty surprises for you.
If other buyers aren't waiting to snap it up you could try to reduce your offer price on the basis, but that's a risky approach if it's a seller's market.

I asked my solicitor for advice and they said they couldn't give me any and asked if I still wanted to proceed.

I would take that as solicitor speak for they wouldn't touch it themselves if they were looking to buy.

If losing the driveway wouldn't bother you if the council reclaimed it, and it was your forever home, then buy.

If it would bother you then don't buy. Only you know that.

You can’t use the driveway. Your solicitor can’t advise you further, it’s your decision. Can you live with that, where will you or visitors park, how will you get deliveries. It’s a personal decision and not for your solicitor to decide .

I'd consider reducing my offer on the basis that you are getting less land than originally advertised.

I wasn't expecting the solicitor to make a decision for me.

Thanks everyone for your help. I'm not sure that we will go ahead, I just thought I'd update the thread.

I think I’d be running a mile from this purchase. It’s all well and good that neighbours all use “their” drives, but all it takes is for someone to be aware that you don’t own the land, and you end up with no access to “your” driveway, and no right to it

You on,y have to look at some of the parking threads on here to have an idea of the potential for this to be an utter nightmare

Can your solicitor apply for this right?

They can’t apply for a right on a house they don’t own.that can only be done when they own it.

Id reduce your offer based on no off street parking.

The dreadful parking threads you read here are down to CF neighbours though, not councils retracting tacit permission to cross their land.
Personally I think it's low risk given the nature of the land owner and it isn't a closed door either. It's not like it has a covenant on it. Once you are the owners you can apply for formal access rights.

The only reason your solicitor won't advise you is because whether it's ever a problem is not predictable, and not funded in the letter of the law... it could continue as is for generations. Technically the council land owner could refuse you access, so the solicitor can't recommend you take no notice of it, but really, is that ever going to happen to you and all the other houses in the same boat?
In practice your have a strong case for forcing legal rights permission through due the the long standing precedent, and likely, the only reason it's like this now is because the deeds for the ownership transfer were drawn up sloppily when the land was first purchased for development and no one has seen fit to push for change.