Assigned Car Space Blocks Neighbour's Access

[zag]

The neighbour is being unreasonable, plain and simple.

The very easy solution is for him to swap parking spaces and the problem goes away.

He is unwilling to do that and he is being unreasonable. He wants his cake and he wants to eat it too.

His solicitor (and himself) should have spotted the access issue before he bought. Now that he has realised after buying he is bullying his way into a solution.

I'm not up to date on the technicalities, but are you actually buying the parking space, or are you buying/renting the right to use the space ? If you are buying the space then it is a clear cut issue - it is your land and he has no right to trespass on it. If he continues to do it, then you are in reality paying out some ungodly amount of money for a parking space you can't use. Sure, you *probably* get to use the visitor space, but what happens when they are full - your parking space is being used by him and you have to go park elsewhere. If you are renting the right to use the space (from a management company for example) get on to them and get them to sort out the issue and assign you a spot you can actually use.

The solution to having his access blocked is for him to own the space in front of the access - there is no other solution unless he is going to knock a wall and build a new access which sounds unlikely.

z

 

[zag]

What do the plans (as in the planning application) show ? I doubt the planners would have missed that one. The probably should have been a walkway down the side of the wall. Maybe the people who put down the markings forgot to mark in the walkway and made the parking bays slightly larger than designed.

I definitely think that it will cause you problems down the road if you go to sell - I wouldn't want to buy a property where there was sitting badwill with other neighbours, and this would obviously affect the price I was willing to pay.

z

 

[redbhoy]

It seems to me that there is loads of space there for a car and access, judging from the pictures. Is it possible to park outside the space safely whilst leaving him access too?
I think you're in the right here although he seems to be unco-operative.

 

[Lynnie]

What do the plans (as in the planning application) show ?

Updated illustration of the situation [with Land Registry map vs. reality] [broken link removed]

It seems to me that there is loads of space there for a car and access, judging from the pictures.

The parking space in question is unmarked and is to the right of the one marked "30", so between the black Focus in the pictures and the wall... think you might be thinking of it as where the black Focus is..? We drove down yesterday evening and parked there to see if there would be room for a wheelie bin etc to come out beside the car and there just isn't the clearance. [Actually, while we were there next door tried to get their bin out and we had to move the car, so we know that definitely won't work!]

I am stuartmc's Other Half

 

[bacchus]

Looks like Nr 26 has 2 side gates then

I guess they do not want to use the original one as it would prevent them from building a conservary or small extention at the back...and may have ask the buider to knock a hole in the wall....

Did they get planning for creating new opening into side wall in the corner?

 

[Calina]

Me personally, I'd walk away. That's the sort of aggravation which could fester. The one thing I've learned from househunting is that there is always more than one house that's right. A threat to do so may clarify vendor minds...You shouldn't have to sort it out, and frankly I wouldn't want to have to.

 

[stuartmc]

The vendor is not willing to try to resolve the issue.

We must now decide whether to walk away or not.

 

[davidoco]

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.

Your reclaim your spot and for Gods sake get a proper sign saying “26” instead of a tin of paint.

 

[stuartmc]

The very easy solution is for him to swap parking spaces and the problem goes away.

I will re-approach the vendor to ask her to swap with her neighbour and re-paint the wall-markings.

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.
Your reclaim your spot and for Gods sake get a proper sign saying “26” instead of a tin of paint.

If she refuses to play ball, I could approach the res association to help sort this out.

 

[Lynnie]

Looks like Nr 26 has 2 side gates then

I guess they do not want to use the original one as it would prevent them from building a conservary or small extention at the back...and may have ask the buider to knock a hole in the wall....

Did they get planning for creating new opening into side wall in the corner?

Number 26 has one side gate, just at the back of the house. The side entrance which is marked down by the parking spaces is number 27's - as you can see, they effectively have an alleyway/walkway at the bottom of number 26's garden [which is fenced off] which number 26 do not have access to.

 

[nt00deep]

I'm not quite so interested in where I park as what future buyers will think

Read this thread as a future buyer. All I can see is the neighbour is a chancer, it was his problem and rather than get it sorted the way you are asking about now, he took the rulebook into his own hands and took your spot.

Red rag to a bull. If I was your future buyer, and if I had gone to the trouble of investigating the way you have, I would walk away unless it got sorted. Put the onus on the current owner to get the space reclaimed / swapped and that is one problem solved. It still leaves you with a chancer of a neighbour though.

Why pay high now for future worry, when it might really be a buyers market when you want to sell in future.

 

[Howitzer]

This just looks like a really badly designed and maintained scheme. Alleys leading to 1 house, access lost through badly marked parking, numbers daubed onto walls. Buyer beware.

 

[Sarah W]

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

 

[stuartmc]

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?

Erasing the house number is strange. I don't know whether there was a dispute but he did refer to parking issues when I spoke to him yesterday evening. At the same time, it looks as though there shouldn't be parking issues, given the ample space.

I think asking the vendor to arrange a swap with the neighbour will show up any difficulty in their relationship.

 

[stuartmc]

Estate Agent just called to say he is trying to get the developer to provide another space! I don't know how that might work but let's see.

 

[DrMoriarty]

God bless your patience, Stuart & Lynn — I think the balance of opinion here is that this isn't/shouldn't be your problem!

...the neighbour is a chancer, it was his problem and rather than get it sorted the way you are asking about now, he took the rulebook into his own hands and took your spot.

Now all you need is the services of a good signwriter...

 

[stuartmc]

God bless your patience, Stuart & Lynn — I think the balance of opinion here is that this isn't/shouldn't be your problem!

Do you think we should not be concerned? Just let the neighbour sort himself out and park there anyway?

 

[whizzbang]

Do you think we should not be concerned? Just let the neighbour sort himself out and park there anyway?

you might find mysterous scratches/dents appearing on you car. Especially if they are dragging a bin by it once a week!

 

[DrMoriarty]

You might indicate to the vendor that you've 'taken advice' and that the upshot of that is that the occupying invader hasn't a leg to stand on, legally. But that you expect them to resolve the matter — permanently, and with confirmation in writing — before the deal can proceed any further..?

I think asking the vendor to arrange a swap with the neighbour will show up any difficulty in their relationship.

It sounds to me like the EA is either scared off, or just wants to avoid hassle and leave the problem for you to sort out — after they've collected their money and washed their hands of it...

 

[stuartmc]

But that you expect them to resolve the matter — permanently, and with confirmation in writing — before the deal can proceed any further..?

What would I need the written confirmation to say?