News1 min ago
house on a restricted byway parking worries
I have found a house i would like buy.However, the house in question has no of road parking and is on a large restricted byway. It is currently used by other home owners as a right of way to and from there property on to a unadopted road which then leads down to a main country road. The byway is wide enough to support 2 cars coming from both directions. The current owners have been parking by there house for years ( or so they say). I am worried that if I buy the property there may be issues with parking. There does appear to be a indemnity policy. But there is no real details of what would happen if somebody was to complain and i would have to move my car. If i would have to move my car there would be no where to park so i would be up byway stream with no oar. Any experts out there ?
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I would be interested to see what others say about this, but it is my belief that whilst you may well be able to assure your legal right to pass/repass along this restricted byway, you would not be able to claim a legal right to park on it.
The way a landowner gets a legal right to pass/repass along it is through 'long use' - typically over 20 years, without challenge. The way the existing landowner transfers that right to you is through him providing a sworn statement as to his use over many years. In the event that the existing landowner cannot provide the necessary 20+ years, an indemnity insurance policy may usually be purchased - paid for, of course, by the existing landowner.
Your solicitor will advice you - that's what he's being paid for.
However, it don't see how that right to pass/repass can be extended to a right to park on it.
The way a landowner gets a legal right to pass/repass along it is through 'long use' - typically over 20 years, without challenge. The way the existing landowner transfers that right to you is through him providing a sworn statement as to his use over many years. In the event that the existing landowner cannot provide the necessary 20+ years, an indemnity insurance policy may usually be purchased - paid for, of course, by the existing landowner.
Your solicitor will advice you - that's what he's being paid for.
However, it don't see how that right to pass/repass can be extended to a right to park on it.
I agree with BM (from the experience of a similar situation in our family).
Sadly,they went ahead,contrary to advice,with the purchase,and have had long,expensive legal bills,which got them precisely nowhere.I would advise(no,plead) with you NOT to get involved with this property.
You won't be able to get what you want,and will be left with a property that may not be (as BM says) actually accessable.
Even going to a solicitor to try and get some legal opinion on it is going to cost you money (even BEFORE you buy it)
I really would think twice about this.
I am sorry not to be more positive.
Sadly,they went ahead,contrary to advice,with the purchase,and have had long,expensive legal bills,which got them precisely nowhere.I would advise(no,plead) with you NOT to get involved with this property.
You won't be able to get what you want,and will be left with a property that may not be (as BM says) actually accessable.
Even going to a solicitor to try and get some legal opinion on it is going to cost you money (even BEFORE you buy it)
I really would think twice about this.
I am sorry not to be more positive.
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