Can restrictive covenant apply to public road ?

claire111

Hello,

After some advice if possible....

Deeds to a property detail the following Restrictive Covenants, which I have typed word for word exactly as it is written with no commas;

1) Not to park or allow to remain on the property in the Parking Bays or any other part of the Estate any caravan boat or trailer.

2) Not to park any vehicle or permit any parking on the roads or the forecourts serving any parking spaces at the Estate nor elsewhere at the Estate other than on the parking bays or any parking spaces provided for common use at the Estate.

3) Not to park any lorry van or other vehicle at the Property or the Parking Bays or elsewhere at the Estate exceeding 7cwt in weight without the Vendors prior written consent.

The estate consists mostly of road adopted by local council with some separate communal parking areas, private drives in front of garages, and some shared driveways.

I understand (I think) that the restriction applies to the land and not the person- is this correct? Does the restriction apply to the whole Estate including the public road, or only to the communal areas ?

Many thanks for advice

Claire

G_M

The covenant was probably put in place while the estate was still being built, some properties were beginning to be sold, and the roads had not yet been adopted.

the aim was keep the estate looking nice so the developers had no difficulty selling the rest of the properties.

Oce the properties were all sold, and the roads adopted, the developer won't care and, indeed, can no longer enforce the covenant so far as the adopted public roads are concerned.

claire111

I understand the developer won't care since he is long gone, but the covenants are transferred down to existing owners who may well care...

So if an owner wanted to be difficult I was just wondering if they could say that the restrictions did apply to the public road that is part of the 'estate' ? or could someone say its 'public road' and anyone can park anything there so long as vehicle taxed etc ?

jamie11

The covenant may have been a condition of the sale of the land for development.

Land_Registry

To consider this fully you would also need to consider how the 'Estate' is defined within the Transfer concerned. This will explain what land is defined as being the 'Estate'. The definitions are likely to also cover Parking Bays as well of course.

Ultimately it is the wording that is important and you may find for example that the definition refers to the roads until they are adopted?

N9eav

My friend lives in a cul de sac of nice houses. He told me that under the deeds he is not allowed to park a boat or caravan on his drive or lawn..... He has and no one complains.

lincroft1710

claire111 wrote: »

.

3) Not to park any lorry van or other vehicle at the Property or the Parking Bays or elsewhere at the Estate exceeding 7cwt in weight without the Vendors prior written consent.[/I]

Either you have misquoted or that is just ridiculous, only motorcycles weigh less than 7 cwt.

anselld

lincroft1710 wrote: »

Either you have misquoted or that is just ridiculous, only motorcycles weigh less than 7 cwt.

It presumably refers to the load carrying weight.
eg http://en.wikipedia.org/wiki/Ford_Thames_307E

lincroft1710

anselld wrote: »

It presumably refers to the load carrying weight.
eg http://en.wikipedia.org/wiki/Ford_Thames_307E

That is obviously what they meant, but not what they actually said.

claire111

Thanks for everyone's replies

The covenant originates from the developer in the 1990s so not on the parcel of land.

Lincroft- 7cwt exactly as typed ! Much of the deed is bizarre and written without punctuation....

Land_Registry_representative wrote: »

To consider this fully you would also need to consider how the 'Estate' is defined within the Transfer concerned. This will explain what land is defined as being the 'Estate'. The definitions are likely to also cover Parking Bays as well of course.

Ultimately it is the wording that is important and you may find for example that the definition refers to the roads until they are adopted?

The 'Estate' is defined - I have typed below exactly as it is worded -

"the Estate" shall include where the context so admits any additional land which the Vendor shall acquire within the Perpetuity Period to form part of the Estate

"The Estate Roads" shall mean the roadways now constructed or to be constructed within the Perpetuity Period at the Estate and intended for common use by the Vendor and all those entitled to the like right and intended to become public highways

"The Estate Communal Areas" shall mean those parts of the footpaths forecourts accessways Parking Bays visitors parking bays at the Estate together with any other external part of the Estate from time to time made available for common use or enjoyment by the owners and occupiers of the Estate

I had always thought that these types of covenant could NOT be applied to roads adopted by council - but am I wrong ?

Thanks to anyone who knows...

Land_Registry

As you are aware such covenants run with the land.

When a road is adopted the local authority maintains the surface and the soil beneath the surface is still legally owned with the adjoining property.

I am uncertain whether you are looking for advice as someone who wants to breach the covenants or as someone who is seeking to enforce them against a neighbour for example.

Either way the posts to date really cover it for you in so far as the covenants are in play. Whilst imposed originally for a specific reason by the builder they remain in play and for the benefit of a number of landowners who now own the various plots of land involved.

Actual enforcement is I suspect very unlikely to take place simply because a) most will be unaware that they exist b) that they have the benefit and c) the wording appears to be somewhat confusing so unraveling it's legal meaning and enforceability would need legal advice/action which can be expensive/stressful.

So if you are concerned that you may breach them it might be wise to get legal advice and if you think you want to try and enforce them then again legal advice should be sought.