Old Jargon?

WHITEyy118

So I am close to exchanging on a house and we got through a load of paper work to read before we sign (Thursday).

Now we got to a bit that is throwing me, friends and family (and even google search) off. On a piece of paperwork to do with Land Registry there is a a section as follows:

That no gate, fence, wall or other permanent means of enclosure shall be constructed and no caravan, boat or trade vehicle shall be parked between said dwellinghouse or bungalow and any road or path to which it has a frontage or return flank frontage.

I understand half of it, basically nothing can block the house off from the road but what on earth is return flank frontage? Is this the drive to the side of the house as that what I understand flank means (go around).

Google search picks up nothing so is this just a term no longer used? Maybe something we shouldn't worry about?

tigsly

the flank is something at the side...

so return flank frontage - would imply teh bit at the front at the side - is it a semi? If so i'd expect it to be talking about - the front side of the house -

so if you buy a caravan it cannot be parked infront of your house - or down the side

HTH

WHITEyy118

Yes it's a semi with a drive to the side. I'm guessing they are just the normal restrictions about caravans and that on drives however whats the return bit about? Surely the drive is just flank frontage?

eddddy

WHITEyy118 wrote: »

... no caravan, boat or trade vehicle shall be parked between said dwellinghouse or bungalow and any road or path to which it has a frontage or return flank frontage.

I disagree slightly with tigsly...

The return flank frontage means the side frontage.

I think that condition only applies if the house is on the corner of two roads. You cannot park anything between the front of the house and the road, or between the side of the house and the other road.

So if it's not on the corner, you can park stuff at the side.

jjlandlord

A quick googling showed up a drawing for the plan of some house:
http://site.dacorum.gov.uk/PlanDocs/7/44/63/75/44637528.pdf

Based on it I'm guessing that, probably, 'flank' means the right side when looking at the house from the front, and 'return flank' means the left side.

tigsly

i read 'return flank frontage' as being simply the side that returns from the road to the house ..

I wouldnt have thought it was anythign to worry about..

unless you were planning to park - a caravan..

WHITEyy118

tigsly wrote: »

i read 'return flank frontage' as being simply the side that returns from the road to the house ..

I wouldnt have thought it was anythign to worry about..

unless you were planning to park - a caravan..

Well it's not a caravan but it is a trade vehicle, that's the problem.

jjlandlord wrote: »

A quick googling showed up a drawing for the plan of some house:
http://site.dacorum.gov.uk/PlanDocs/7/44/63/75/44637528.pdf

Based on it I'm guessing that, probably, 'flank' means the right side when looking at the house from the front, and 'return flank' means the left side.

Ah that makes sense!

Land_Registry

Looks like you have decided on whether you are affected or not so the next step is to consider how big a 'problem' it is. This is something your solicitor will be able to advise on but it is also a subject often discussed in such forums.

First thing to appreciate is that this is presumably an extract from a series of 'restrictive covenants' which bind both this property and presumably others on the same development.

The RCs I suspect will have been imposed by the original builder/developer but this should be clear from the date and parties involved when they were imposed.

If that is the case then it is quite common, even now, for such RCS to be put in place to provide a degree of control over what happens whilst each house/plot is sold off for example the builder does not want a lot of caravans being parked on driveways, fences going up at the front of nicely laid out plots, washing being hung out at the front of properties and so on as they try to sell a house/plot on their nice new estate?

So in most cases the benefit of the RCs will lie with the developer and the land originally within their ownership/development. They would therefore have been the ones most likely to try and enforce the RCs should someone breach them.

Over time and as that original land is sold off the new landowners acquire the benefit so on a development of say 40 plots/houses each and every new landowner might have the benefit and would therefore potentially be in a position to claim the benefit and then impose the RCs if they chose to do so.

If all of the above is true in your scenario then the 'problem' is weighing up the risk re the likelihood of someone proving that they have the benefit and the desire to enforce, ultimately through the courts as necessary.

Other posters will have experience of how such risks are assessed and how common such enforcement may be. Real life experience is always helpful but something again to discuss with your solicitor.

WHITEyy118

I'm seeing my solicitor tomorrow and so will bring it up.

Anyway like you said this was one of the original rc that the developer imposed (house built 80s) and also having drove past the house again yesterday there was a van parked on the street and 3 in peoples drives.

I mean when I first saw this it was a kick in the teeth (I pressumed it was just new estates with the caravan and trade rule) but we do have other options, albeit a major upset to us.