Could I get forced out?

ferritt_2

Hi, abit off topic but still related to a house purchase.

We are currentlty going thru a house purchase with david wilsons homes. we should be in by december (hopefully). Now the problem is that I have a work van which is above the weight restriction (1000kg) limit that david wilson has imposed on this housing development. DW has known about my van since the very first day that my wife and me came to look at the show homes and we were told on many occasions by sales staff that we will be ok to park the van on our property (driveway). Then we get a call saying DW will not allow us to park the van on the site. After a explaining that the 100kg limit was a joke and that 90% of the vehicles in this development weigh more than 1000kg and saying that if we're not allowed the van on our property after being told we were we would not be purchaseing the house DW back-tract and said that they would not be "enforcing" this covenant in our contract. Good news I thought until I ask the question what about if a neighbour decides to say something. Then we are told that if thats the case we will either have to find somewhere else to park the van or move house! Can they really make us do this? We have only pad out nearly £1000 so far to get to this stage (contracts due to be signed asap). The actual van will never be parked on the public road only our driveway and at night and weekends (whenever I'm not working). Our driveway is part of 3 driveways and garages at the end and is set back from the road. Our drive is the end spot and next to a three storey house that will block one side of the van and the other will be blocked by the other to driveways and our garden wall etc... basically the van will not be sticking out in any way and well hideen. I've ask my solicitor to try to get the covenant removed from the contract but DW solictors refused. should I stand my ground and demand it gets removed and until then refuse to buy the house? Or should we risk it on the case that we cant really be forced to move out? My solicitor say this is only a worst case situation but still is it worth it? Has anybody come across this before as mostr new developments have weight restrictions now but to me this 1000kg is far to low. Our Jaguar wheres 1700kg alone! Even a ford fiesta weighs just over 1000kg.

any advice welcome please.

Sorry if this this the wrong place to post this but we really are worried aout this.

cheers

olly300

See if you can get an under taken for DW not to enforce the covenant on you. http://www.chigwellcovenants.co.uk/more.htm However this will not apply when you sell the property.

ferritt_2

olly300 wrote: »

See if you can get an under taken for DW not to enforce the covenant on you. http://www.chigwellcovenants.co.uk/more.htm However this will not apply when you sell the property.

Cheers. Dont really understand tho as I already have confirmation from my solicitor that DW wont enforce this covenent. But my neighbours still can. sorry if this I sound abit stupid but this is our first house purchase so alittle confused.

cheers

ferritt_2

Hi,

If we do purchase the house is there any way I get amend/erase this covenent or would this have to be done before. Also being as tho DW wont enforce this covenent is there any way to stop the neighbours enforcing it? DW have as much as addmited that there dont care what I park on my property but as we all know that dont mean anything! As long as DW sell there houses there not bothered right.

cheers

ferritt_2

So having slept on it I think I'm going to pull out of the deal. To much risk if somebody does complain. We'll stand to loose about £1000 if we pull the plug now (just about to sign contracts) but being as tho I cant get no imformation on if we can get the covenant changed theres no point guessing about this. My solicitor says it can be done but it's whether DW will. May have 1 last try and just say change it or no deal and see what happens.

cheers