Neighbor breaching restrictive covenant

Sausage11

LeedsGirl94 wrote: »

Hi all,
Thanks for all your replies, curious to see how it developed into a general parking debate!

A tad more info: basically it's an issue because it is every day Mon-Friday and we live in the corner of a cul-de-sac so there's no way to drive around the cars, the people who park outside their house always park in the middle which blocks the whole road. It only affects us, not other neighbors, because we are in the corner. We leave and return for work at the sameish times as people drop/collect their children and I don't understand why I have to ask permission every time I want to eneter/leave my own property. We have asked the parents many times but they're often rude to us and then continue to park in the same manner next time anyway.

Additionally many other neighbours park in the street instead of on their drives which leads us to doing a slalom in the car already; we also have purpose built visitor spaces halfway down the street enough for several cars but apparently it's too troublesome for her clients to park there. At collection time they also don't just pop in and then out, they stay inside chatting for ages by which time another client will come and park in an inconvenient spot too.

Anyway I suppose I shall have to let it be, I definitely don't want to report their business or anything but I just wish they'd be more considerate!

My suggestion is you come home from work and then park immediately behind the car that is blocking the entire road. You then pop into your neighbours for a very, very fulsome apology about being a little over the top about complaining about the customers' parking. You then go into your house and put some headphones on and listen to something very long and soothing.

When you eventually take them off, you apologise to the customer who was blocked in - "Oh I am sorry, it must have been very inconvenient for you - won't happen again!" and then do the same thing the next day. And the next. :-)

unforeseen

bouicca21 wrote: »

I must admit that the presence of yellow lines and notices about when parking restrictions are operative have tended to make me assume a valid tro is in operation.

They are btw effective.

I rather think it is a twist on the white line idea that councils have for access points. Do it in yellow paint and people think it is an official yellow line rather than a council just marking an access, unless as it is in a CPZ.

If the area is not part of a CPZ then each little chunk of yellow line would need its own sign adjacent to it

If not a CPZ then the council is relying on people's ignorance. And if they are of the H design then they are definitely not a legitimate yellow line in any circumstance. Signs and road markings must conform to the Traffic Signs Manual.

barbiedoll

IMO, it is up to the childminder to sort this out. She should have something written into her contract with her clients, that they should absolutely not "nusiance park" when dropping off and picking up their off-spring, as to do so may be detrimental to her business if neighbours are adversely affected by her activities.

It may be worth pointing out (nicely) to the childminder that the covenant could be invoked, should her business clients continue to cause inconvenience to her neighbours. Of course, she may read this forum and be well aware that the covenant is probably unenforceable, but she may not

I completely agree with the poster who said that a good childminder is a valuable resource for many, but as a working mother who employed the services of a childminder for several years, I would never have knowingly inconvenienced or upset her neighbours. Nor would she have let me!

unforeseen

Can you dictate what your client does on a public highway? I doubt it

All you can do is ask nicely and hope.

barbiedoll

In most areas, decent childminders are well sought after and if clients who were breaching the terms of their contract, were under threat of losing their childcare, it may just make them toe the line.

Although probably not. I used to live near a school and even after two kids were hit by cars, the ignorant drivers still used to park on the pavement, on a corner of a junction and right across the school gates.

kinger101

You need to read the OP again. Neither the childminder or their clients appear to give a toss. As for "invoking" the covenant, OP has no legal right to do so. It's likely the person who has doesn't give a toss either.

Broken_Biscuits

If you have taken out the added extra of legal expenses insurance to your home policy they will be able to help you. At worst they can give you legal advice. At best they can appoint a solicitor to resolve your issues.

Breach of covenant specifically is rarely a covered event in its own right, but damage nuisance and /or trespass will be.

Blocked access is a legal nuisance. As is excessive noise that you may be experiencing from the change of use?
If they appoint a solicitor there will most likely be a prospect assessment for cover to continue and you may fall down at this point if the culprit is different each time and therefore cannot identify who you are pursuing a claim against.

It will cost you nothing but time to investigate if this is available to you.

maisie_cat

Are you sure the covenant is actually being breached? Mine says that house must be a single residential property. Simply running a business from home does not automatically convert a residential property into a commercial property.
There are thousands of childminders in this country providing a necessary service for working families. If there was a problem caused by running such a business I think we'd know about it by now.

NeilCr

kinger101 wrote: »

You need to read the OP again. Neither the childminder or their clients appear to give a toss. As for "invoking" the covenant, OP has no legal right to do so. It's likely the person who has doesn't give a toss either.

Which is why I am interested in whether or not this is one of those estates where the residents own the freehold

We do - and in an instance like this we'd go all out to enforce it. We had a very similar incident and we were just about to kick into action when the person concerned moved away

In terms of the council and the road is it possible that, if the estate is new(ish), it hasn't been adopted yet?

sheramber

I used to attend a class in a community centre with a small number of parking places for those using the centre.

Someone attending the squash courts near the centre took to parking in the community centre carpark rather than drive round the block to park in the squash centre's car park.

This meant that there was not enough space for those attending the community centre.

When requests not to park there , pointing out it was community centre users, were ignored our trainer parked behind the offending vehicle, preventing him getting out.

When he called to ask her to move her car she replied she was busy ( true as she was training us) at the moment but would come out when she was free. After 10 minutes she went out to move her car.

He didn't park there again.