Covenants on a New Build

danksybaby

Hi, just a quick query!

I purchased a new build on a half finished site a few months ago as did my neighbour (semi-detached properties).

There is a visitor bay outside these 2 properties which my understanding is for visitors to use. We all have our own double drive so it makes sense that this is for visitors. However for 3 months now the next door neighbour has used this space every day without fail although they have a double drive.

Due to the site only being half finished there is no where for visitors/delivery drivers etc to park let alone turn around so can be quite frustrating.

Because of this i spoke to the neighbour to see if they were aware it was for visitors and i had a delivery due that weekend and would hope that if they didnt park in it, it would be free if no one else turned up to use it. I thought this was a fair request however i was advised that as the neighbours both work shifts it is convenient for them to use this space instead of switching thier cars around which is a nuisance to them. I explained this is something i have to do myself but this fell on deaf ears and the door was slammed in my face.

I have checked the Transfer Deeds and it clearly states that visitor parking spaces should not at any time be used by residents so i understand they are in the wrong?

Ive emailed the builder to enforce this covenant but have recieved a cryptic email back which implies there is a fee for them to do this?

Has anyone else been in a similar situation and can advise?

Sorry if ive garbled a bit! x

G_M

Please quote the precise wording of the covenant if you want a meaningful response.

I'm surprised by the Deed - most 'visitor' spaces are in reality public parking spaces for anyone, but it depends
* who owns the space
* what the deed says (precisely)

danksybaby

Not to use the visitor packing spaces for anything other than for visitor parking subject to compliance with paragraph i) of the first schedule referred to above.

Which is -

i) the right to permit a visitor to the plot (but not a person resident in the property) to use the visitor parking spaces for the parking of visitors motor cars for short term Parkin only not exceeding 2 days in any period of 14 days, subject in each case to:-

(i) such space bein available;and
(ii) to any regulations, which may be made by the transferor; and
(iii) the transferee paying a fair proportion of the proper costs of maintenance repair and renewal of the visitor parking spaces

Thankyou!

Prothet_of_Doom

Park in the space, yourself.

Alias_Omega

I suspect that there are 3 cars in the house (Mum, Dad, Son) and therefore no space to park the 3rd car.

However...good news. Son will eventually leave home, and become a visitor.

danksybaby

Sorry I hours have explained better. They only have 2 cars. One is parked on their drive and one in the visitor space.

I wouldn't park in the visitor space as I wouldn't want it to start being tit for tat. Although the space is never free when i get home from work anyway lol.

leccyblue

Your neighbour needs to be careful. I very much suspect, they will have told their car insurance company that they park on a private drive (because that makes the policy slightly cheaper). So, if they are parking in visitor (public) parking, then it is likely that their insurance is invalid, if they park there regularly.

You have to be honest about where you park 'overnight'. I have a garage, but the reality is that most of the time I can't be bothered to put my car in it - so I tell my insurance company it's parked on the drive.

Perhaps making them aware of this point might help?

G_M

Step one is friendly negotiation - always best between neighbours

Step two is a letter to the Transferor, or his successors in Title.

Blocking the space with your own car, or your own visitor's car, is another option.

danksybaby

Thankyou.

Appreciate your help.

I've tried the friendly approach and it hasnt worked.

Looks like my only option is to progress the issue with the builder although their email implies there is a fee involved.

Thanks again for your help. X

Alias_Omega

Maybe they want a spare space on there driveway for visitors.

Just park your car there, and see what happens. Though watch out, it might become tit-for-tat..

The_Palmist

danksybaby wrote: »

Although the space is never free when i get home from work anyway lol.

Take bus for a few days but claim the space. Just for your own peace of mind.