Estate Agents Particulars

[Monika]

We have a bungalow which stands quite a way from the road up a long drive. Next door to us there is another bungalow with a small front yard which stands to the left of our drive.

We are the owners of the drive and our neighbours have a 'right of way' over it.

Next door's bungalow is currently up for sale and empty

We enjoy a very pleasant view over our front garden and if people are not told the truth and start parking cars on our drive, our environment, our lifestyle, our lovely pleasant view will be gone. However, we would tell them that they did not have any rights to do that - but- I want to get on with my neighbours, not fall out with them, so want the position making absolutely clear before they consider buying it

.

Last week I picked up their particulars from the Estate Agents and found that they were falsely calling our drive "a communal private drive". Not only that, they had put our drive under the heading "Front Garden" - which to me reads as if it were a continuation of their front garden.

I rang the estate agent's office on Friday and spoke to the woman responsible for writing these particulars and told her that we were the owners and she had no right to describe our drive in that misleading manner.

I understand that there is legislation to prevent this from happening and they can also be fined in court for any offence.

I intend getting back to them tomorrow and reading them the riot act.

Any advice is welcome.

[cascarelli]

A 'right of way' is exactly that. You own it but they, and others, have a right of way over it. We have the same situation in our garden. You (or they) are not allowed to block the right of way, so there would certainly be no parking in the driveway.

Personally, I'd put it in writing to the Estate Agents, to make your postion clear and to ask them to alter their details. It will, or should, all be clear on the Deeds of both properties so any solictor will pick it up and should inform the purchaser.

[Monika]

cascarelli - thank you for taking the trouble to answer.

It is just as we thought .

My husband has been to see the estate agent this morning, but I don't see them giving in easy, they are still trying to avoid saying what the legal position is. However, they cannot say anything to the contrary.

I can't for the life of me see why they are trying to hide the truth of the matter.

[MustafaTickl]

"Communal private drive" to obscure the fact that access to a property is only by right of way? What fun - they might just get away with that!! However, make sure that the Grant of a Right of Way in next door's Registration at the Land Registry is in the wording that you think it is by checking the Register and Plan here
http://www.landregisteronline.gov.uk/
You can make a copy for later reference. If the Grant is only for the right to pass and repass on foot or in vehicles at all times of the night and day there can be no parking or stopping and that land.

[Monika]

Thanks very much Mustafatikl,

The site would be very useful to many people, particularly buyers and I have bookmarked it for future reference.

At present, I don't think we would find anything we need from it as we keep our Deeds at home and they contain all the details we need.

My husband went to the Estate Agents this morning and we will see what the new particulars say when they send them to us. We will get them to print the truth eventually.

[MustafaTickl]

Not at all, Monika, pleased to be of use. But remember that it is only the wording of the Grant of a Right of Way in next door's Registration at the Land Registry which counts (deeds have been done away with for years now) not what is any document.

[Monika]

That's very interesting, Mustafatikl, and it does make me wonder what the position is if it doesn't say on their documents that they have a Right of Way.

Surely, it doesn't mean they don't have one?

(We have legal documentation which says they have a Right of Way over our drive)

[MustafaTickl]

To repeat, Monika, it is only the Grant of a Right of Way in next door's Registration at the Land Registry which counts. If there is nothing there then of course they have no right. And if there is a right it is only within the strict wording of the Grant ie a lot of old Grants were for foot and animals only, not cars. It really is worth your while spending �3 on the link I have given you to have a look - you only need to read and copy next door's Register to start with.