Upholding a convenant in the deeds - want to check my facts.

woolythoughts

Hi

I just want to check my facts legally while we decide what to do.

We live in a small close of 10 houses - very quiet cut de sac. In our deeds (of everyone we've checked with) there is a clause stating no commercial vehicles, caravans can be parked over night.

There has been a relaxed approach to this so far from what we can tell. We've only lived here since Feb 2015 but get on well with the neighbours and in general, so long as you don't take the proverbial, people site ok. e.g. one neighbour down the way brings his caravan around for a couple of days once it comes out of storage whilst he packs it for the next trip and then at the end when he unpacks it etc etc. Occasionally one neighbour has to park his work van overnight if he's got an early start the next morning. No one minds as its all very reasonable, the way it should be.

A month ago one house was bought by a youngish couple (in their late 20s I think). And since then it has been a constant stream of his work van parked up each and every night. Which in itself no one is objecting to. But it the flat bed lorries parked legally but blocking windows - often parked over night. They have two cars but can't park properly on their land as the van takes up half the space. This normally means the back end of one car over hangs the pavement and they encroach onto our land at the other side.

To be totally up front and honest, they haven't endeared themselves to anyone on the street as any attempts to introduce, make chit chat get met with neanderthal like grunts so we can't see any chance of idly bringing it up in conversation.

Now, I'm pretty sure only the original imposer of the covenant can impose it. i.e. the original builder (the house was built in 1994) who has gone out of business or whomever inherited the rights. And then only if they feel a need - which I doubt they would now.

I suspect since the "gentleman" works in the building trade he may well be aware of this so any casual reference will be met with "go forth and multiply". Obviously we can ask him to stop overflowing onto our land but that just makes the problem worse for everyone else.

Is there anything we (and I mean we as a close not just us) can do. We don't have any formal residence association or management committee. I know they've only been in a month but we don't want it to become established behaviour.

knightstyle

If it is a public road then how can you stop parking on the road? You can't!
If they are parking on drives or on a private road who is going to enforce the covenants? Often they are only there so the site looks attractive to purchasers and once the estate is finished and the builders move on the covenants are unenforceable unless you pay a lot of money to a solicotor.

matttye

Covenants can be enforced by subsequent owners but only if they pass at common law or in equity. I can explain this in more detail if you want to know but basically you're going to need to seek legal advice to find out who, if anyone, can enforce the covenant.

moneyistooshorttomention

I'm guessing the layout of the road is such that if you stop him "overflowing onto your land", then he will "overflow" onto someone else's and if they stop him then he would "overflow" onto a 3rd persons?

Is that how things are?

I'd be inclined to think each householder there will have to deal with any issue he is causing them as a thing in its own right. That being - you need to stop him overflowing onto your land (probably by means of putting immovable obstacles in his way to prevent it).

I'm always very wary that if a neighbour is allowed to "overflow" for some time - then they might start up trying to claim things like "adverse possession" or "prescriptive rights" or something and I've seen a noticeable number of people find they couldn't get the neighbour off when they tried to (ie because they had just let the situation go on for so long).

Land_Registry

woolythoughts wrote: »

Hi

I just want to check my facts legally while we decide what to do.

We live in a small close of 10 houses - very quiet cut de sac. In our deeds (of everyone we've checked with) there is a clause stating no commercial vehicles, caravans can be parked over night.

Now, I'm pretty sure only the original imposer of the covenant can impose it. i.e. the original builder (the house was built in 1994) who has gone out of business or whomever inherited the rights. And then only if they feel a need - which I doubt they would now.

I suspect since the "gentleman" works in the building trade he may well be aware of this so any casual reference will be met with "go forth and multiply". Obviously we can ask him to stop overflowing onto our land but that just makes the problem worse for everyone else.

Is there anything we (and I mean we as a close not just us) can do. We don't have any formal residence association or management committee. I know they've only been in a month but we don't want it to become established behaviour.

There are quite a few threads on here re 'restrictive covenants' and the key to any enforcement is twofold, namely that they are bound by them and you are able to identify which land has the benefit.

https://forums.moneysavingexpert.com/discussion/5379334 and
https://forums.moneysavingexpert.com/discussion/5286391 being two

You refer to registered titles so presumably are aware that they are bound by the covenant(s). so it's the second aspect you need to cover.

If it's a cul de sac then there is a chance that each of the house plots were developed from the one single ownership and the covenant imposed on each for the benefit of the remainder - you will need to research the registered title(s) and the deed/details relating to the covenant to confirm and to help decide how far you are willing to take the matter.

If the above is shown to be the case then it is possible that they were advised of the covenant(s) when they bought and a reminder will help them understand that you/others are aware and are of a mind to enforce the covenant(s).

I would always recommend legal advice and/or assistance here simply because you infer the relationship is not that 'neighbourly' and as such sometimes a solicitor's letter can resolve the issue for you.