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  • Is there a dropped kerb? If so then permission was sought as you have to get the kerb dropped through the council. If not then it wasn't and you don't have parking, regardless of how long the seller has used it as you don't have a right of way over the path.

    If there's no path or kerb you have some options:

    1. Ignore it and buy the place anyway. This probably only works if you're a cash buyer as the solicitor can't ignore the issue as they have a duty to protect the mortgage company and there would be loss of value without parking.

    2. Ask the sellers for a Statutory Declaration that they have parked there unhindered for 15 years and get them to pay for an insurance policy that indemnifies against your/the mortgage company's loss if the council take the parking away. Such a policy will probably be a few hundred sovs.

    3. Ask for a discount.

    I'd go for 2.

  • Ask the sellers for a Statutory Declaration that they have parked there unhindered for 15 years and get them to pay for an insurance policy that indemnifies against your/the mortgage company's loss if the council take the parking away. Such a policy will probably be a few hundred sovs.

    Bear in mind that generally the insurers won't provide cover if there's been contact with the person entitled to the benefit of the covenant, so either try to get consent or get the indemnity cover - it's either/or.

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