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I am in the process of selling my house and we are having an issue with the buyer who has raised queries about my neighbours car. We have a garage at the back of the house that we don't use for access, so have let our neighbour use the area in front of ours for a number of months. We have told them that they cannot park in front of our garage anymore due to the sale however they continue to do so.
What rights do I have here? Our garages are at a right angle to each other so although they are also parking in front of their garage they are also restricting access to ours which is causing our buyers concern and I think they will pull out the sale off the back of it.
If there are any property experts on here that I could speak to about this it would be appreciated as the whole chain is likely to collapse unless I can get this resolved.
Thanks
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A legal viewpoint required - parking in front of a garage on 11:08 - Mar 19 with 941 views
A legal viewpoint required - parking in front of a garage on 11:08 - Mar 19 by Lord_Lucan
I think I can help with this one
1/ Buy your self some No More Nails
2/.................
I am so frustrated as have the perfect house to move into but this is such a huge sticking point for our buyer and our neighbour is being a c0ck about it. Tempted to get the car towed but will just fan the flames.
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A legal viewpoint required - parking in front of a garage on 11:12 - Mar 19 with 905 views
I am not a property expert at all, but we used to have a house that had similar issues.
The covenants of the house set out in the deeds (albeit from the mid 80s) had a few clauses such as only one small car could be parked in their area to prevent restricting neighbouring access, and there was also a hatched area in the middle of the drive showing a no park zone.
I realise these clauses can also say such ridiculousness as never owning more than one car, due to the time they were written, but it could be a legal stipulation to provide comfort to any potential buyer.
Have you instructed solicitors to deal with the house sale (it sounds like you may already have done so)? If so, speak to your conveyancer, he/she may have a colleague in litigation who could write an appropriately-worded letter to the neighbour. It might cost you a couple of hundred pounds or so, however a drop in the ocean compared to losing your buyer. The starting point is your title documents as has already been said, but a litigator should be able to get to the nub of it much more quickly than a lay-person (with all due respect etc). Your remedy could potentially lie in a breach of covenant, nuisance or both and you might be entitled to seek an injunction as well as damages (including those that might emanate from the loss of a sale) however I wouldn't waste any time in researching these - speak to your solicitor and let the expert deal with it for you. Its a shame that your unreasonable neighbour is being an @rsehole, but he/she can hardly have cause to complain.
The cheaper option would, of course, be Lucan's idea. Although you might have some difficulty in buying the supplies at the moment! My local DIY store is now running low on stock - #worldsgonemad.
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