Deeds on a property

Miss_$

Hi,

Myself and my partner went to look at a bungalow to rent at the weekend. When we were there we were asked if we have any vans, and as my partner works for sky he has a van for transport. To cut a long story short, it turns out that in the deeds on the property no large vans or sign written vans are allowed in the street.
How often to you hear of this? We are gutted as we loved the property and we were very close to putting a deposit down until we were asked.
The deeds were made in the 1950's do they still have to stick to these to this day?

Thanks
Sarah

System

Can the deeds of a private property dictate the actions on a public road? I don't think so. The deeds may prevent the parking of a van on the property itself.

I assume that the road is adopted and maintained by the council.

patman99

I will ask you the following question. Were there any vans (signed or otherwise) parked on the road when you visited ?.

Miss_$

Nope none, we drove past yesterday as we thought being a Sunday most people would be at home.
There was two people with big campervans but that's it.

Miss_$

This is what I was thinking! Do deeds of a peoperty just cover the property and its boundries or is it the road outside too?

I have actually downloaded a copy of the deeds and the only thing I can see it states is no advertising, nothing about large vehicles etc

eddddy

Miss_$ wrote: »

The deeds were made in the 1950's do they still have to stick to these to this day?

Hi sarah

To a great extent, it doesn't really matter what the deeds say. The LL decides the terms of the tenancy, and if he/she says 'no vans' (or 'no pets' etc), tenants have to abide by that.


If the LL is emphasising it so strongly, I guess he/she has had complaints from neighbours about previous tenants with vans.

It may be that the 1950s deeds are not enforceable, but the LL just doesn't want to run up legal bills to prove it, and have disputes with neighbours.

Rollinghills

yes, ll can request it, there must have been some issue about it in the past or he wouldn't be asking you this .
We are buying a freehold property and you cannot park any vans , motorhomes etc on the driveway (road is too small anyway). Apparently some people think having a van on a neighbours driveway decreases the value of their property. ridiculous in my mind but I think not much you can do about it

Land_Registry

If they are registered as 'restrictive covenants' on the actual title then there are a number of threads on MSE which explain these in more detail
https://forums.moneysavingexpert.com/discussion/5193501

The deeds though seem to be silent on this point so more a question of asking where such a restriction is set out and if so how binding it is

G_M

Land_Registry_representative wrote: »

If they are registered as 'restrictive covenants' on the actual title then there are a number of threads on MSE which explain these in more detail
https://forums.moneysavingexpert.com/discussion/5193501

The deeds though seem to be silent on this point so more a question of asking where such a restriction is set out and if so how binding it is

In this case it appears the restriction is/will be set out in the tenancy agreement. As such, the Deeds are irrelevant.

Any clauses in a tenancy agreement which are 'unfair terms' can be disregarded as unenforcible, but I doubt this would fall into that category. The OP could always try his luck: take the tenancy, wait for the landlord to go to court to enforce, and wait for a court judgement.....

Or the landlord may simply refuse to renew the tenancy after 6 months.