New House Purchase - Restrictive Covenant - Parking/Fences

Ryanm1221

Good evening all,

This is my first time post, so please be gentle.

My partner and I were about to sign contracts for our first home purchase, however our solicitor has discovered a number of restrictive covenants on; essentially the front garden of the property; from 1989 when the house was sold by the local council.  The covenants that I have questions on are as follows;

"Not to erect any gates, fences, walls or plant or permit any hedges or tall shrubs or buildings on the open plan area (front garden) without the consent of the council"
"Not to park any vehicle (including caravans and boats) on the open plan area (front garden) or use the same for any purpose other than as open space and garden"

The sellers have built a low garden wall around; and is encroaching; on the front garden and have built a paved driveway on part of the front garden; on which they regularly park their personal vehicle.  They carried out these works 4-5 years ago and without informing the local council; who initially put in place the covenants.  The neighbour is subject to the same restrictive covenants; according to Land Registry information; and they have also walled off their garden and created a paved driveway for parking their vehicle.

The sellers are prepared to pay for an Indemnity Policy; which is fine.  My questions are for the future.  We would look to rebuild the wall (part of it is damaged) and continue to the use the driveway to park our vehicle; thereby violating the covenant.  If we approach the council and request that they remove the covenants and are denied; we will invalidate the Indemnity Policy, as far as I'm aware.  Most posts on here; and other sites that I've read about covenants; usually say that as long as you're not a nuisance to neighbours or greatly benefit from breaching the covenant at the expense of the holder; you're left alone, although I understand that's not a golden rule.

I've had a search through the MSE Forums and most of the restrictive policy posts relate to building, pets and running businesses from homes.

My question (finally!!) is whether anyone has any personal experience; or can point me to any literature; which outlines any cases whereby homeowners in a similar situation to me (parking and fences/walls) have successfully been released from covenants by the holder, so that I can 'legally' construct a wall around and park on my front garden?

Any assistance would be greatly appreciated.
Many thanks for reading all the way to the end.

Kind Regards,

Ryan

davidmcn

I expect most covenant holders would gladly release you from such covenants provided you pay them enough - the council probably wouldn't be so mercenary about it, but they'd probably want their expenses covered.

But in a 30+ year old development where everybody else has been merrily breaching the covenants, I would just keep your head down. Councils don't have resources to go around enforcing this sort of stuff even if they really wanted to (and why would they want to?).

Grabs39

We have all sorts of covenants like that, no parking on the property, no garages, no sheds etc.  They are ignored by almost every house in the street, about half have driveways, some have garages and almost all have sheds.

JGB1955

The same here, on a development built 35 years ago. We now have low walls (built with retrospective permission) and loads of commercial vehicles parked overnight. I have no problems with those, but would get really cross if a neighbour parked s caravan on their drive....

oystercatcher

Have they had permission to install the dropped kerb for the driveway? Most places need permission for this which must assume permission to park in the front garden.

Ryanm1221

Fantastic.  Thank you all for the comments.  That's put my mind at ease.

oystercatcher said:

Have they had permission to install the dropped kerb for the driveway? Most places need permission for this which must assume permission to park in the front garden.

I'm not sure; however I have read cases whereby planning permission; or in this case dropped kerb permission; was granted as the local council planning department and the Land Registry departments don't always talk or update records.

The_Warned

Dropped kerb permissions are usually the province of Highways, which is separate from Planning and/or Building Control. Wheels within wheels...

greatcrested

The dropped curb (or lack thereof) is a bigger issue. Get indemnity insurance for that too.

But re the covenants, get the indemnity, keep your head down, you'll (almost certainly) never have a problem.

MovingForwards

The parking on the drive is standard with ex-council houses, a quick letter asking for permission to park your car in the garden, usually results in a letter back saying yes, but the permission isn't transferrable when you sell.

Just check the size of the garden to ensure it meets the required size for a drive by your council. Also needs to be a hard standing, not the little stones / pebbles.

Can't comment on the rest.

Ryanm1221

Many thanks for the input everyone.

Stay safe