Next door for sale - boundary and shared driveway problems

Lone Star

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House next door going up for sale, tricky shared driveway as well as shared sewer pipes - how do we ensure the vendor makes potential purchaser aware of the driveway and also the one sewer pipe ? We basically had enough with tenants in the past encroaching into our garden with vehicles and want to set the record straight. Fingers crossed someone decent moves in.
 
When you say, "tricky shared driveways" and "shared sewer pipes", what exactly do you mean? Brendan's advice on a wall/fence or flower pots is one thing you might do, but depends on what you mean about the other problems as mentioned above.
 
Can you build a wall? Or put down flower pots?
Yes - Flower pots could be a partial solution. My spouse is very easy going about the access onto our property...whereas I am not. @noproblem , the main gateway is opposite our front door, the house next door is to the left, there is a 4m X 5m area that is shared - when I say tricky - this does not leave them very much space to manoeuvre out...meaning that residents generally reverse into our gravelled area/garden to get out (Our house has more space to the front and a narrow strip to the back - their house is the reverse). My point to my spouse is that if new people buy next door - we demonstrate from the get-go that what they are buying is not ideal and our garden is not a reversing pit. Sewer pipes - The situation is back in 2005, builder bought a larger corner site with an 1800 sq foot house, large garden - built two dormers in the back garden...our sewage and the adjacent dormer connects to main house's pipe and all goes out through their system. We know this for sure - as a bank holiday blockage and 'rodding' meant a full fountain of our sewage in the main house's garden!!!! any blocks caused by main house (baby wipes being flushed) then block our waste...
 
Yes - Flower pots could be a partial solution. My spouse is very easy going about the access onto our property...whereas I am not. @noproblem , the main gateway is opposite our front door, the house next door is to the left, there is a 4m X 5m area that is shared - when I say tricky - this does not leave them very much space to manoeuvre out...meaning that residents generally reverse into our gravelled area/garden to get out (Our house has more space to the front and a narrow strip to the back - their house is the reverse). My point to my spouse is that if new people buy next door - we demonstrate from the get-go that what they are buying is not ideal and our garden is not a reversing pit. Sewer pipes - The situation is back in 2005, builder bought a larger corner site with an 1800 sq foot house, large garden - built two dormers in the back garden...our sewage and the adjacent dormer connects to main house's pipe and all goes out through their system. We know this for sure - as a bank holiday blockage and 'rodding' meant a full fountain of our sewage in the main house's garden!!!! any blocks caused by main house (baby wipes being flushed) then block our waste...
Thanks for explaining and I take it that it's a semi-detached we're talking about. I must say it looks to me as being very irregular to have a house entrance like this. Before doing anything, check out the maps/plans for where your house is situated, just determine exactly who owns what. It doesn't sit right with my thinking that they (other house) have to enter and exit through an entrance right opposite your front door. For what it's worth, this would do my head in as well
 
Thanks for explaining and I take it that it's a semi-detached we're talking about. I must say it looks to me as being very irregular to have a house entrance like this. Before doing anything, check out the maps/plans for where your house is situated, just determine exactly who owns what. It doesn't sit right with my thinking that they (other house) have to enter and exit through an entrance right opposite your front door. For what it's worth, this would do my head in as well
No it's two detached dormers!!!! It's was'nt the greatest of planning decisions. Footprint wise - it's basically two stumpy rectangle houses on a long rectangle of a site running along a main road, just above a traffic light junction. so not a hope of getting a second entrance opened. It's a head wreck, previous tenants would almost reverse into the front door to get out - or worse over in front of the french doors at the other side. Nice crowd - left owing arrears of 28K in rent! House has been empty a good while...we did put in an offer 2 years ago to buy - but we'll be priced out of it at moment. We can only hope for a decent buyer!
Browse the map here first.

Make sure the boundary lies exactly where you think it does.
I have the folio thanks. Must look about getting the Instrument,
 
You should ensure the new purchasers are aware that sharing a driveway does not give them a right of access over your garden.

Some years ago as an executor I sold an inherited property. The property came with a car parking space. A neighbour arrived and asked that we vacate the space as soon as possible as they needed the space and had been told they could park there. Needless to say, they were unhappy/irate/crestfallen/really upset when I told them I had sold the property and its parking space and they had ansolutely no right to park there. People will say anything to make a sale (e.g. “ah sure, there's no problem reversing in there to park”).

You should check with the Property Registration Authority https://www.propertymapsireland.com/ if the owners of the property next door have a right of way over your property, i.e. a right provided for in the deeds or otherwise, or if they have acquired one based on continuous use (i.e. for over 20 years). If they don't, it would be prudent to get your solicitor to write to the vendor's solicitor requesting (i.e. demanding) that purchasers of the property be informed that they have no right of access over your property.
 
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You should ensure the new purchasers are aware that sharing a driveway does not give them a right of access over your garden.

Some years ago as an executor I sold an inherited property. The property came with a car parking space. A neighbour arrived and asked that we vacate the space as soon as possible as they needed the space and had been told they could park there. Needless to say, they were unhappy/irate/crestfallen/really upset when I told them I had sold the property and its parking space and they had ansolutely no right to park there. People will say anything to make a sale (e.g. “ah sure, there's no problem reversing in there to park”).

You should check with the Property Registration Authority https://www.propertymapsireland.com/ if the owners of the property next door have a right of way over your property, i.e. a right provided for in the deeds or otherwise, or if they have acquired one based on continuous use (i.e. for over 20 years). If they don't, it would be prudent to get your solicitor to write to the vendor's solicitor requesting (i.e. demanding) that purchasers of the property be informed that they have no right of access over your property.
I have notified the agent for the fund that owns the property, my next step is to contact the fund directly. A solicitor's letter making the buyer aware would be the sound move - thanks PMU.
 
What was detailed in the planning documents for this 'shared' drive? Is it really shared?

If either party might need access over part of the other's property to safely maneuver a vehicle, easements should be registered on the title.
 
Browse the map here first.

Make sure the boundary lies exactly where you think it does.
That's not necessarily correct. LANdirect just indicates the site but not to the full scale so there may be discrepancies, which the owners own legal information (and the original PP if it complied) should designate
 
Some years ago as an executor I sold an inherited property. The property came with a car parking space. A neighbour arrived and asked that we vacate the space as soon as possible as they needed the space and had been told they could park there. Needless to say, they were unhappy/irate/crestfallen/really upset when I told them I had sold the property and its parking space and they had ansolutely no right to park there. People will say anything to make a sale (e.g. “ah sure, there's no problem reversing in there to park”).
Possibly, or it might not have been used and nobody complained when they chanced their arm.
 
What was detailed in the planning documents for this 'shared' drive? Is it really shared?

If either party might need access over part of the other's property to safely maneuver a vehicle, easements should be registered on the title.
Original planning was not approved, those were even worse as it happens - there was a requirement for 'shared space' from day 1
due to the nature of the site.
 
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I have notified the agent for the fund that owns the property, my next step is to contact the fund directly. A solicitor's letter making the buyer aware would be the sound move - thanks PMU.
You should ensure the new purchasers are aware that sharing a driveway does not give them a right of access over your garden.

Some years ago as an executor I sold an inherited property. The property came with a car parking space. A neighbour arrived and asked that we vacate the space as soon as possible as they needed the space and had been told they could park there. Needless to say, they were unhappy/irate/crestfallen/really upset when I told them I had sold the property and its parking space and they had ansolutely no right to park there. People will say anything to make a sale (e.g. “ah sure, there's no problem reversing in there to park”).

You should check with the Property Registration Authority https://www.propertymapsireland.com/ if the owners of the property next door have a right of way over your property, i.e. a right provided for in the deeds or otherwise, or if they have acquired one based on continuous use (i.e. for over 20 years). If they don't, it would be prudent to get your solicitor to write to the vendor's solicitor requesting (i.e. demanding) that purchasers of the property be informed that they have no right of access over your property.
Update: have asked the receiver to give me the name of the fund's solicitor and all has gone very quiet. I also asked if they would share the cost of automating the vehicular gate...no response to date....We may be as well selling up and getting somewhere without this type of hassle and uncertainty of who we have as close quarters' neighbours.
 
Original planning was not approved, those were even worse as it happens - there was a requirement for 'shared space' from day 1
due to the nature of the site.
If the planning was not approved the sale won't be going ahead quite so fast as the seller things.
PP issues would create the kinds of issues that would make resale a huge issue. Surprised this wasn't pointed out to you at point of purchase by your own solicitor.
 
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