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Purchaser convenants and trade vehicles
Comments
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We could get all pedantic about this
Plural."Not to use the Property for the parking of trade vehicles"
. . . it's not trade vehicles, it's a single vehicle :whistle:
- maybe someone was trying to prevent the premises being used as a base for a transport co or similar.0 -
societys_child wrote: »We could get all pedantic about this
Plural.
. . . it's not trade vehicles, it's a single vehicle :whistle:
- maybe someone was trying to prevent the premises being used as a base for a transport co or similar.
Good shot !!!!
Get some legal advice from your solicitor that you pay £100+ per hour for, worse case ask the neighbours and see if there are any opinions as these are the busy-bodies that will complain if anyone will."Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!0 -
My understanding is that covenants can only be enforced by those that it effects, so if a new build developer put a covenant in place so that the place doesn't look unsightly when they are selling more properties that would be enforceable. For old covenants where the developer has long left, would there be anyone to benefit?I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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My understanding is that covenants can only be enforced by those that it effects, so if a new build developer put a covenant in place so that the place doesn't look unsightly when they are selling more properties that would be enforceable. For old covenants where the developer has long left, would there be anyone to benefit?
It depends on the wording of the covenant e.g. whether it applies to successors in title.0 -
Drive round the area one evening and see if there are other trade vehicles. We have a similar covenant and it's not enforced. As far as I know it would be costly/difficult/impossible to get it enforced.0
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Was just about to suggest what jm2926 has said, check out the area during the evening.
More I think about it and reading the various replies I've decided it wouldn't put me off. IF the worst came to the worst, park it on the road.
In any case, it's hardly a high roof, long wheel base transit with ladders on the roof is it.
Does the property have a garage?
Also depends who's around to enforce this covenant . . .;)
or take any type of enforceable action.
Edit: Note: This is just my opinion - it's your decision - he who dares . . .lol
and I've just shared a bottle of wine with our lass . . .
Read G_Ms response below , especially the 3d paragraph0 -
ghandi.manning wrote: ».... This makes me think I don't fully understand the meaning of covenant and didn't realise there was an owner. Any more information about covenants would help me a lot. Where they come from, what exactly an owner is and who is that owner, and can they be changed?
A covenant is an agreement between two (or in theory more) parties(people, companies etc) which binds one, both, or all of them to do, or not do, something(s).
It may also bind their successors (ie if ownership of a property changes, or a company is bought out/goes bankrupt etc).
Only a party to the covenant (or their successor if applicable) can enforce the covenant through the courts.0 -
i would argue that the covenant is ambiguous
a 'trade vehicle' could mean vehicles which are in trade, the stock of a motor trader, so the covenant would be to stop people parking vehicles for sale and salvage vehicles all over the place, which is a common problem. If it were to apply to vans big and small they could have easily said commercial vehicle, which is very easy to identify if a vehicle is or is not a commercial vehicle from it's registration document0 -
A work colleague has just spent several £K trying, and failing, to change covenant issues regarding access rights. I would get your solicitor to confirm their understanding of the clause in writing.0
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Jonboy_1984 wrote: »A work colleague has just spent several £K trying, and failing, to change covenant issues regarding access rights. I would get your solicitor to confirm their understanding of the clause in writing.
Suppose that's the point, trying to enforce or change a covenant is different to ignoring one
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