PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

How are covenants enforced in reality?

Options
I'm reviewing the draft paperwork for a new build and I've got a couple of restrictive covenants such as 'no commercial vehicle (having an unladen weight in excess of 1.75 tonnes) parked on the property' and 'no plant shrub or tree over 500 mm in height be permitted to grow on any visibility splay area' which seem pretty tight.  How, in reality, would these be enforced?  I mean, a complaint could be put into the management company but what exactly can they do apart from have a stern word?  So if I plant a rose bush and it grows how it should, a neighbour can complain but then what?

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    You could be compelled by the courts to cut it down if the beneficiaries decide to take it that far.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Obviously you need to consider whether anybody is going to be so irked by your 501mm shrubbery that they'll spend time and money on legal action. And if a resident was doing something objectively antisocial, there'd probably be other remedies anyway.

    In practice, much of it is to keep the development looking nice and consistent while the developer is still trying to flog houses, and of less importance afterwards.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    GixerKate said:
    'no plant shrub or tree over 500 mm in height be permitted to grow on any visibility splay area' which seem pretty tight.
    I'm not surprised at all about having to keep the visibility splay clear, it will have been something that the highways department insisted on in order to get planning permission. From a safety reason why wouldn't you want to keep it clear? They're there for a good reason.
  • eddddy
    eddddy Posts: 17,966 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    As davidmcm says, the "no lorries" covenant is probably to keep the development looking nice for prospective buyers - so the developer might take legal action, if they think your lorry is hindering the sale of a million pounds worth or houses.

    The phrase "visibility splay area" sounds a bit like it's related to planning consent. So the covenant may be reflecting a planning condition. If that's the case, the planning department could enforce the planning condition.
  • Browntoa
    Browntoa Posts: 49,602 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    10 year old development near me still enforce covenant restrictions . No extensions , no sky dishes , no commercial vehicles etc. 

    They have been known to take legal action.

    But hit and miss as to which developments do actually enforce 
    Ex forum ambassador

    Long term forum member
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.8K Work, Benefits & Business
  • 598.7K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.