Enforcement of Restrictive Covenants

CashSaver_2

Does anyone have any experience of restricitve covenants on residential property.

The house I own was built by Tarmac in the early 80's. Tarmac homes were bought by Wimpey in 1996.

There is a restrictive covenant in the deeds which prevents the parking of caravans, boats and commercial vehicles on our cul de sac.

However, a neighbour is parking a very large commercial vehicle in the cul de sac and despite polite conversations from me and some other neighbours is refusing to park it elsewhere.

We are trying to sell our house and this vehicle is affecting the sale as it is putting off prospective buyers.

The council are not interested. Do I need to go through a solicitor? How expensive might this be and am I likely to succeed?

mystic_trev

I shouldn't bother, it'll 'cause you loads more problems - I know someone in a similar situation. At worst you could end up spending countless thousands of pounds, and the case ending up in the European Courts. Your neighbour will say their human rights are being breached and they'll probably win! Yes (I know) it's a mad World!

The other problem you've now got, is you have to let any potential purchaser know that you are in a dispute with your neighbour - a legal obligation.Sorry - probably not what you wanted to hear.

Ian_W

Trev's second paragraph I agree with but not his first.

However, Restrictive Covenants or easements as they're also known usually give someone specific a right to enforce it. For example, a neighbour may have a right of way [in a terrace, say] across the back of your house to the back of theirs. Only the neighbour has the power to enforce it. In your case it sounds like the builders may have the right to enforce it but you really need to check the wording.

Our property is very long leasehold and we can't keep chickens or other domestic poultry [sadly, IMO as I'd quite like fresh chuckies for me breakie!] -but only the freeholder can enforce it, not the neighbours - they would have to persuade the f/her to do so. If Wimpy's are the only ones who can enforce - do you really think they'll be interested in potential court action?

david29dpo

you could get a court order for breach of covenant, but this will be expensive. have you tried talking to the neighbor?

mi-key

As far as I can tell, old restrictive covenants on freehold properties are pretty much worthless, and trying to enforce them would be an expensive nightmare.

bootman

Our property is very long leasehold and we can't keep chickens or other domestic poultry [sadly, IMO as I'd quite like fresh chuckies for me breakie!] -but only the freeholder can enforce it, not the neighbours - they would have to persuade the f/her to do so. If Wimpy's are the only ones who can enforce - do you really think they'll be interested in potential court action?[/QUOTE]


I am not supposed to have chicken but I do:eek: 2 lovely girls who lay great eggs. I keep them in an eglu whick looks great in the garden. Far quieter than the horrid dog next door that keeps being let out to poo on my drive:rolleyes:

Ian_W

bootman wrote:

I am not supposed to have chicken but I do:eek: 2 lovely girls who lay great eggs. I keep them in an eglu whick looks great in the garden. Far quieter than the horrid dog next door that keeps being let out to poo on my drive:rolleyes:

Perhaps I should come to your house for me breakie!! :rotfl:

I'll bring our 2 dogs who won't poo on yer drive.

RiskAdverse100

You need to consult a solicitor if you want to take this further.

Some restrictive covenants can only be enforced by the person or company that originally imposed them, or future owners if they benefit a particular piece of land and are worded to allow this.

However, some constitute what is known as a building scheme and, if so, they can be enforced by the owners of neighbouring properties on the same estate.

The wording is crucial and you need to take proper advice.

Even if they can be enforced, effective action is often very expensive!

RiskAdverse100

dragonsoup

We had a house with restrictive covenants and the advice we received in our particular circumstances was that they were basically worthless - the main reason for them apparently was to keep the estate looking "nice" until the developer had sold all the properties. After which they of course couldn't care less!

We promptly broke one of them ( after taking legal advice on the possibility of enforcement action being taken against us)and built a large extension taking a calculated risk.

No problems selling it on a few years later and the house has been sold at least once more since then.

Suzy_M

1 How big is the lorry? If it's classed as a H.G.V. the owner needs an operator's licence. If it does there has to be off-road parking in a suitable area - which a residential street isn't. Search for "HGV Operators Licence" for more info.
2 If it's a company owned vehicle try an anonymous note to the company - pointing out it is a residential area and the disregard for residents enjoyment of their property does not reflect well on their company.
3 Try the council again - resident concerned about damage it may be causing to the roads and pavements and underlying services and/or reduction in rates.

david29dpo

true story. this happened to a friend ( honest! ) tried every polite way in the book to solve it. one morning all his tyres were flat.never happened again