Enforcement of Restrictive Covenants

scorpio_princess

I'm sorry but I think you're a bit misguided if you believe the presence of a commercial vehicle (which i'm assuming is no bigger than a van) is preventing your house from selling. Believe it or not, people actually have to work for a living, and sometimes that includes having to take a company vehicle home with them -shock horror! Whatever next, no daffs or pansys in the garden because they're not middle class enough??
I don't agree with these restrictive covenants at all - if I fork out a huge amount of money on a FREEHOLD property I really should be allowed to put whatever I like in the garden! I personally think these kind of things breed snobbery and elitism, which I absolutely detest.

My advice is, get over it! As long as it's not in your garden, it really shouldn't concern you. Imagine if a neighbour acquired a old banger of a car (i'm thinking 1980s cortina with a different coloured bonnet and dubious fumes coming out it) and parked it on their drive - what would you do then? I reckon that would put off prospecive buyers more than 'ghastly' works van, and there would be nothing you could do about that.

I don't mean to cause offence, just airing my opinion!

ps I'm assuming that when you get your boiler fixed, or plumbing done, or anything else that involves a blue collar worker, they park on another street?

sambam_2

THe land tribunal deals with enforcement/abolition of restricitve covenants- you should go to their web-site and search through their case study database.
Basically they rule on 4 points which the applicant/defendant has to prove or disprove. You will get a good idea of whether you could be successful in challenging the parking of the van - restricitve covenants can be enforced- a lot of the cases involve preventing developments and commercila busineses opening in residential areas. BUT there is the risk of costs if you lose - you may only have to use a solicitor to advise your neighbour of the potentials for enforcement and costs to himself if he loses; this may persuade him to find alterantive parking.

Another approach is to apply to your council for a lower council tax banding as you are now clearly living in an industrial estate. Don't know whether this would actually work though.

linlin_3

Some of the above advice is sound, some is rubbish! Yes, the convenant was put in place for the benefit of the original developer as he didn't want his estate to be littered with vehicles. The developer put it in place for exactly the same reason as you want to enforce it. I'd guess the most you can do is ask a solicitor to send a letter pointing out the breach, to the vehicle owner. As has already been said, the fact that you'll have to disclose this dispute to a potential purchaser tends to offset any benefit. The only reasonable thing you can do is get in touch with the registered owners of the vehicle - if it's company owned - and explain the situation to them.

Restrictive covenants in deeds which restrict development are indeed enforceable if your solicitor has the courage to enforce - most don't. I have personal experience of a very large UK developer walking away from his potential profit by informing him that my solicitor had told me the covenant was enforceable........this was a lie!! but what the heck, it worked! In later years a development was built and a Deed of Release signed for due consideration! (a five-figure sum)

mrsS_2

I bought a house 10 years ago that was built on land with a restrictive covenant that it was to remain farmland.-I honestly dont think they mean anything. the house itself had restrictive covenants about not having garden sheds (why?), hedging the front garden, poultry and birds of prey and pigeons. We also had the no commercil vehicles one.


the house I currently live in has a restrictive covenant about not increasing the size of the house-it has 2 extensions now!

I dont really see the point if even major covenants like not building cannot be enforced.

lulu36

Hi, I own a wimpey home that was built in 1970/1971.

I have a transfer from wimpey to the original owners of my property, who bought it in September 1971, that shows that certain restrictive covenants apply.

This person owned the property until I bought it in 2006.

I have been self employed for 5 years, in recent years working from home.

I now find that I am to possibly be stopped from doing this due to certain members of the community making a joint complaint.

Now the bad bit - I sell cars, thats my trade. I do not cause any obstruction to anyone. I have a garage and a very long drive. I generally only have one sales car at my house at any one time, and only generally sell one car every 6 to 8 weeks. I work from home because I like to be here for my son when he comes home from school and when he is on holiday.

I am registered as self employed and pay my taxes. I dont believe that I am breaking any laws. I do not leave untaxed vehicles on the roads or block access to anywhere. I am able to meet customers elsewhere to sell them, so basically all I do at home is wash and polish them etc., I even take them to the local garage to hoover them so as not to cause any disturbance.

The covenant from wimpey states that no trade business be done at the property and now I am likely to be forced to give up due to predudice from community members. I have never done anything to disrupt them or get in their way.

Now i dont know what to do for the best, has anyone got any advice?
Can this covenant from 1971 be enforced?
thanks,
lulu

olly300

Lulu the issue here is that your neighbours think you are trading from your home, have changed the use of part of your property, are doing something that is unusual in your residential area and think you are causing a disturbance.

If they can't enforce the restrictive covenant they may go to the council and report you for changing the use of part of your property without the appropriate planning permission. http://www.planningportal.gov.uk/england/genpub/en/1011888237904.html

I suggest you talk to the local planning office in the council to see whether you would need planning permission for change of use. If you don't then this information would help with fighting the restrictive convenant.

Doozergirl

Aren't the restrictive covenants, in the case of new builds, only enforcable by the builder? I wonder how interested Wimpey would be in someone selling the odd car from a property sold by them 36 years ago? Let alone how interested they would be in the legal work and cost!

My impression is that builders are very keen to see the development looking neat and tidy whilst they are still building and that the restricitve covenant is more for their benefit than anyone elses.

Even your neighbours, if they were able to get the covenant enforced, do you think they are likely to pay solicitors for the work? What form has their complaint taken so far?

I had a neighbour years ago that always had a car he was tinkering with or selling. I couldn't have cared less. It never even occured to me that he was a nuisance Why do you think your neighbours are so agreived?

I would call the planning office and tell them what you are doing and ask whether you would need change of use. I can't really imagine that you would. Lord know the number of people trading on ebay from their homes.

lulu36

Hi again,

Many thanks for the advice, I feel better already!

I think my best route is to speak to the planning office as, like you say, there are probably alot of people on the estate trading from home in some way.

My problem is that you can actually see what I'm doing, rather than it being by way of the internet.

Like i said before, i dont wish to cause offence to anyone in the area, but I do think that people should live and let live, and to be honest I dont take any notice of what other people are doing but they seem very interested in me!!!

I'll keep you posted!!

antheawad

hi there

i paid to have a few restricted covenants lifted when we bought our house 2 years ago, one of which was to enable us to park a caravan on our drive. the developer said yes providing no-one complained.

4 months later we got a new neighbour who doesn't like the caravan, and as a result of her complaining to the developer, they have revoked their consent and say we have to remove the caravan.

seeing as though my agreement was made before said neighbour arrived, does she have a right to complain. bearing in mind said neighbour, and alot of others have things like sky dishes without permission, do any of the covenants have any worth??

Thanks

Igor_LJ

CashSaver wrote: »

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?

Freehold restrictive covenants (not to be confused with Easements, because different rules apply!) are indeed enforceable, subject to some requirements.

The covenant can be enforced by both original covenantee (person who owns the benefited land) and the successor covenantee (person who bought the benefited land from the original covenantee).

If the person who parks the vehicle is the original covenantor, it is much easier to enforce a covenant as he covenanted himself. So you can also sue for a breach of contract (as it is a contract).Even you may sue the original covenantor, unless he sought an indemnity from his successor in title.

In your situation I understand that in the same time every neighbour (including you) is covenantee (who’s land has benefit) and covenantor (who promised not to do something). Therefore, the action can be taken by any neighbour or by you all collectively.

So if this benefit passed to you when you purchased the property, you can enforce it through taking an action in court.
Most of the disputes resolved after letter of claim , then the issue of proceedings served to the defendant . If so it may not reach the court trial. Thus it will not cost you much money, if you do it yourself or through your friend who is solicitor J or through a Citizens’ Advice Bureau (CAB) (if you find a competent person there, who will be able to direct you with that issue. Not all CABs are good).

Also you can have a look Civil Procedure Rules, it is clearly written there what steps you must do, if you decide to do it yourself, when bringing a claim. (Just Google it).

Covenant must benefit a land, means that it adds value to the property. Of course if someone parks a large vehicle there, it depreciates the property’s value, as a nice view through the window etc can either add or reduce a value of the property when potential purchaser is considering of buying it.

Each covenant has its special purpose for the benefit of the any particular land.

If you see someone had breached the covenant, say by building extensions where it should not, that means nobody enforced it, as it enforceable only by the owner of the benefited land. However, it maybe not too late if you so desperate about it . At least you may get damages (financial compensation for a breach) or your poor neighbour may have to demolish it. If you did not bother before, do not bother now, let your neighbour enjoy his life in his shed or conservatory .

Note that if you a leasholder (renting a property) you can also enforce it. See ss 78 & 79 of the Law of Property Act 1925.

Somebody said earlier that if it is my property I can disregard covenants and do whatever I want to do, lol.:D No you cannot, I am afraid, because if you by a land where it has restrictions/ covenants to another land, provided it satisfied some formalities, e.g. registered in HM Land Registry you must obey covenants! You bound when you purchase it! If you do not want to be bound- do not purchase it! Very easy.

There are lots of green spaces (parks, squares etc) in London, where nobody can build anything on it because of the covenants. A very good example is Leicester Square in the heart of London, which is green till now, though were attempts to build buildings on this nice square ( case Tulk v Moxhay (1848) Ph 774 if interested ).

So, if you want to enforce a restrictive covenant, I would suggest either to get a professional advice or read a Property/Land law book chapters on Freehold Restrictive Covenants to understand it, as there are loads of what you should know, whilst what have been written by me is just a drop in a pond.