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Newbuild covenants

2

Comments

  • marksoton
    marksoton Posts: 17,516 Forumite
    I swear these covenants can only be in there for a number of possible reasons.

    * To make those purchasing on the higher end of the estate make them feel they are purchasing something superior to anywhere else.

    * To allow the marketing people for the developer to show round perspective buyers an "unblemished" estate.

    * Lazy legal documents on the developers part.i.e I've yet to witness an estate in this day an age that has no Sky dishes.

    Has anyone ever actually lost a case where one of these modern developer covenants was enforced?
  • wwl
    wwl Posts: 316 Forumite
    Definitely check what the actual wording says - if it's just "van" it may be too vague to be legally enforceable anyway.
  • novanic
    novanic Posts: 37 Forumite
    5. Not to park or keep any commercial vehicles on the Property nor to park or keep any caravans or boats on the Property unless the same shall at times be kept in a garage Provided That the parking of private motor cars on driveways serving the Property or on reserved parking spaces shall not be a breach of this clause.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    novanic wrote: »
    5. Not to park or keep any commercial vehicles on the Property nor to park or keep any caravans or boats on the Property unless the same shall at times be kept in a garage Provided That the parking of private motor cars on driveways serving the Property or on reserved parking spaces shall not be a breach of this clause.

    Some poor drafting there - why would the parking of a private motor car on the driveway be a breach of the preceding clause?

    Anyway yes, that on the face of it does prohibit any work vehicles. I would just take the risk - unless you pee off any of the neighbours sufficiently to justify them taking legal action for your trivial breach...
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    I know of a plumber and a carpenter who both moved in to new builds with the same 'no commercial vehicles' covenant. The developer got really shirty with them so the they bot sold their vans and purchased MPVs.
    With all the back seats removed and binned, they filled the role of a 'van' perfectly and as 'cars' they forfilled the covenent requiremets.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Do you not have a garage in which you can fit the Corsa? Most double drive newbuilds would.
  • novanic
    novanic Posts: 37 Forumite
    DaftyDuck wrote: »
    Do you not have a garage in which you can fit the Corsa? Most double drive newbuilds would.

    Yes, but don't feel we should have to.
  • marksoton
    marksoton Posts: 17,516 Forumite
    novanic wrote: »
    Yes, but don't feel we should have to.

    You shouldn't. So don't.
  • chappers
    chappers Posts: 2,988 Forumite
    I would turn round to them and say do you want us to buy this house or not, if you do then remove this covenant.
  • chris_m
    chris_m Posts: 8,250 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    chappers wrote: »
    I would turn round to them and say do you want us to buy this house or not, if you do then remove this covenant.

    Which will probably get the response, "OK, we'll sell it to someone else then."
This discussion has been closed.
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