Assigned Car Space Blocks Neighbour's Access

I suppose simply that Mr X, of no. Y, [your address] has agreed to Z...?

It would just give you some formal record of the agreement, in case of future shenanigans along the lines of 'I never said/agreed to that...!'
 
DrMoriarty said:
I suppose simply that Mr X, of no. Y, [your address] has agreed to Z...?

It would just give you some formal record of the agreement, in case of future shenanigans along the lines of 'I never said/agreed to that...!'
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Very good idea. I will look for that.
 
It's not absolutely clear from this, but the one signature you must have on any record of an agreement regarding that parking space is that of the neighbour causing grief about this. Otherwise, if you want to sell ten years down the line and he's still there...there might still be hassle. Without it, I have to say I would still walk away.
 
What does access mean?

Does it give him the right to walk out of his entrance and squeeze past your car. Does his right of access specify that he has the right to wheel his wheelie bin out through it?

If he goes and buys a very big motor bike has he got the right to take it in and out through his rear access?

Assuming that he is an unreasonable person, what happens when you are parked in your space at 2.30 am and he decides that he wants to put the bins out. "Think I'll go and annoy the neighbours!" Has he the right to demand that you get out of bed in the rain or snow and allow him his access to his rear access?
 
What does access mean?

Does it give him the right to walk out of his entrance and squeeze past your car. Does his right of access specify that he has the right to wheel his wheelie bin out through it?

If he goes and buys a very big motor bike has he got the right to take it in and out through his rear access?

Assuming that he is an unreasonable person, what happens when you are parked in your space at 2.30 am and he decides that he wants to put the bins out. "Think I'll go and annoy the neighbours!" Has he the right to demand that you get out of bed in the rain or snow and allow him his access to his rear access?
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I hadn't thought of that situation, Sunnyboy. This is getting more and more difficult.

At the moment, I'm waiting for the EA to come back to me with a solution after his discussion with the developers. It that doesn't work, I'll go back to my solicitor to make sure every angle has been explored. If that doesn't solve it, I'll take Dr Moriarty's suggestion (written agreement with neighbour) to the vendor.
 
stuartmc said:
True, it is the neighbour's problem. Do you think future prospective buyers will see it that way? Or will they see a potential dispute and balk?

What would you do in that position?
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What are you doing now and how do you feel now ?
This is exactly what a future purchaser will do / feel ?
This neighbour is obviously going to be difficult - if he is a bully / ignorant now what's he like on a Saturday night with a roaring party in his house ? no consideration for people now paints a grim future.
Also the estate itself looks to be very very poorly designed and built. This is not a good house to buy.

Walk away from this - you will regret buying it.
 
Just looking at the differences in the land registry versus reality in your blog [broken link removed]- the developer has made a monumental cock up of the area. The alleyway which cut off the end of number 26's garden should have continued all the way down the back of the car spaces before exiting beside the flowerbed in the corner where number 27's car park space is.

All the car park spaces should either be depending on the exact plan as this does not look to scale on your blog:

A) a few feet back from where they are and the path should run in front of them as you drive into it. It's not clear if this should be a simple walkway or a walled / enclosed passageway but this is where No. 27's access should be.

or

B) spaces remain as is with the walkway / alley constructed behind the current wall. Number 26 should have a bigger garden as the alley should not have encroached on their property.

Either way the developer has built houses 26, 27 and the car park not in accordance with the granted planning permission and are liable to sanctions for same.
 
And if I am to assume that you are buying No. 26 then you are missing part of your garden too in scenario B which again is a negative for you and any future buyer.
 
i've had the whole neighbour parking accross the drive and others out in front of another house and to be honest parking and access will always cause the temperatures to flare up,the neighbour is a bully and if you park your car there then you can be sure that you will have problems.as said before in this thread the neighbour is a chancer and i would imagine the type to shout you down rather than listen and compromise.. run away from this eventhough you have your heart set on it.the vendor might then do something about it to get it fixed before they try selling it again.if you do buy and can't resolve the issue,when you sell you might be selling to somebody like yourself and they might do as much work on this as you have and then decide not to buy thus causing you much grief (twice)
 
Either way the developer has built houses 26, 27 and the car park not in accordance with the granted planning permission and are liable to sanctions for same.
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Sanctions? Really? Who has the power to make them put this right?
 
If they were reported to the local authority and the authority refused them permission to retain the layout as is they would be forced to rectify the situation - ie to install what was laid out on the plans. Furthermore if they placed a holding deposit with the council this may be witheld until the estate is satisfactorily completed.
 
Ok looked at picutres and nearly laughed. I have to say I almost said "you must be joking" asits the back entrance thats obstructed and not the front door. I do think that your neighbour is being unreasonable since he still has a front door, surely?

I mean, my closest friend has just bought a house, which I share with her, and the back gate exits onto a public carpark for a shop. If somebody decides to park there, too bad, its a public spot. She doesn't have any right to stop them doing so. Surely even more so if the car park is private and designated.

Lots of people have to bring their bins through their house because they don't have a back entrance at all, never mind one which is partially obstructed. To be honest, if your neighbour was not an ignorant bully he would simply ask you to park a little further back so he can get in and out - that would be a perfectly reasonable request. However, simply preventing you from parking there at all is way out of order.

As for non-designated car parks, they are just as bad, what it effectively means is first come, first served, and after a while its hard to get parking at all. Add to that that sooner or later you will probably get an antisocial occupier or bad tenant who decides to park just where they like and starts obstructing spaces for other users. Would still suggest that this gets sorted as a matter of priority. Either that or park outside the bast***s front step . . .
 
Sarah W said:
I would also be concerned about having this guy as a neighbour. If he's being unpleasant/uncooperative about a parking space now what other issues are going to crop up?

Sarah

www.rea.ie
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Excellent point sarah. In the last place I lived an extremely antisocial neighbour moved in and at one point the management company sent around a list of the "rules". As my housemate pointed out, it must have been on the foot of a lot of complaints as all the tenants around them moved out, and the owner occupiers put up "for sale" signs - they were breaking 6 out of the 11 rules, including a vicious dog roaming around public areas, parking in such a way as to obstruct 2-3 cars from getting in/out of the car park, large barbeques in public areas, their stuff just dumped in public areas, noise late at night, etc. Generally I've noticed from my tenant experience that usually folks who are antisocial in one way tend to be antisocial in others also.
 
yeh i think you have a problem, you need to get another parking space, one of the visitors. re assigned to you, or else you need to get the actual situation to reflect the plans, otherwise, you should walk away..

Problems with neighbours never go away.
 
Just a quick update on the situation...

deem said:
yeh i think you have a problem, you need to get another parking space, one of the visitors. re assigned to you
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The developer has come back to say that they cannot facilitate a swap of our assigned space for a visitor's space as the land is now public land maintained by the county council [who are also responsible for the management of the estate].

I think the next port of call is to see if the vendor can organise a parking space swap with next door; at least then it's up to him to move his car if he wants to bring a bin or a wheelbarrow or something in and out.

However, I'd say that this isn't something the neighbour will go for - I mean at present he has a designated parking space and loads of access too. And I know that he wants to have his cake and eat it too and it's our space and couldn't he bring his bin out through the house and it's his tough look for buying it in the first place etc. etc. but we just don't want to (a) be mean about it [well, if we can help it! :p] or (b) get off on the wrong foot.

davidoco said:
There seems to be plenty of room to return the car spots (v, 27, 28, 29, 30, 26) to what the land registry map says. Just put down a row of kerbs 3 or 4 feet from the wall so that cars don’t drive right up to the wall thereby giving him a passage way down along the wall. Cost 50 euro.

If the lines on the tarmac were drawn, there would probably be room for him down by the shrubs to come out at the end without having to do anything to the plants.
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I think this would probably be our optimum solution, but I'm just wondering what kind of permission we would need to do this [other than the consent of the other houseowner's whose spaces are involved]?
 
This house ticks every one of our boxes. This parking space thing is the only con, and we would rather not have to walk away if it there is any way the issue can be resolved.
 
Lynnie said:
This house ticks every one of our boxes. This parking space thing is the only con, and we would rather not have to walk away if it there is any way the issue can be resolved.
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Fair enough if it ticks all your boxes. It probably close to family etc.

However, during bidding wars, or when one pictures themselves having a dinner party entertaining friends, it can be all to easy to get emotionally involved with the purchase. This is one of the most common mistakes people make when buying property. You must be prepared to walk away and leave it, if it comes to that.

The current vendor of the property has had problems with his neighbour in finding a solution to the parking suituation. Most vendors will always highlight the positive of a particular property. If this issue is still oustanding, it could be the reason he's moving. Again, this could be the tip of the iceberg.

But, as you say, it ticks all your boxes.
 
what a bloody mess!!! sorry!! how in gods name did someone not raise this with the builder at the time/before completion?
 
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