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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We bought our home in 1985. It came with a car parking area

Resolved Question:

We bought our home in 1985. It came with a car parking area in the front part of the property, which was highlighted in the estate agent's particulars. We've been using it without incident ever since. But it now appears that the parking area was put in without planning permission and we may lose our access to the road. Do we have any right of complaint towards the estate agents, who are still in business, and/or the solicitor who did the conveyancing for us, who has apparently now retired?
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
If we do lose our access to the road, the impact on us will be pretty massive. We won't be able to park within 200 yards of our house, thanks to local controlled parking zones, and the value of our house will a) drop significantly and b) become much harder to sell, when the time comes. I've attached a copy of the letter we received from Herts CC, which has opened this whole can of worms.
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Just to be clear the issue happened in 1985?

Customer: replied 1 year ago.
Hello Alex
We bought the house in 1985 and have been happily using the car parking space on the property ever since.
The issue about our right to use it and access the road has only just arisen. We got the letter from Herts CC, which I attached to my earlier message, on Monday.
Cheers
Paul
Expert:  Ash replied 1 year ago.

it's bad news I am afraid, under the limitation act you gave dx years from 1985 to bring a claim. As such I am sorry to say you are over 20 years out of time. It's statute barred and that is an absolute defence.

I am sorry if this is not the answer you want and certainly not the one I want to give, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
I suspected that would be the case. But it was worth asking. 10 years doesn't seem long, for property-related matters, though. Issues do sometimes take a while to come to light - as in this case. Thanks for your help, Paul.