Restrictions on parking van outside of home?

Princessa_2

Hi,

We’re currently in the process of selling our house, but a problem has come up when the buyer has been sorting through stuff with their solicitor. It appears that work vans can’t be parked on the estate. I don’t remember encountering this when I bought it, but it wouldn’t have been of any interest to me at the time. I remember something about not being able to park in the road, but people do. 

Our buyer works from home but also has a van, and so this has concerned them. I’ve seen other work vans on the estate, as well as caravans. I’m not sure what to do and I’m worried it may make him pull out. Does anyone have experience of this?

user1977

You can point out to them everybody else who does it without apparently a problem. 

lisyloo

Was it a new build?
it’s common for new builds to have a clause about caravans etc. Because they don’t want people making the neighbourhood look down market when they are selling houses.
in general once the estate has been sold no once cares.

I am afraid you are at the mercy of your buyer being pragmatic here.

Princessa_2

The house must be nearing 30 years old, I don’t even know who the developers were or if they’re still around.

lisyloo

Princessa_2 said:

The house must be nearing 30 years old, I don’t even know who the developers were or if they’re still around.

but that might be the reason it’s in the deeds.
Hopefully your buyer will see sense and visit and see it’s not a problem.
but ultimately they are entitled to pull out for any reason up until exchange.

No one is going to enforce this clause so hopefully your buyer will be sensible.

unforeseen

Is it enforceable if the roads have now been adopted by the local authority? 

Section62

unforeseen said:

Is it enforceable if the roads have now been adopted by the local authority? 

It depends on the precise wording of the covenant. But potentially the adoption would make no difference to the enforceability.

(there was a long thread on this subject not so long ago)

paulj2021

the only issue might be some pedantic neighbour who wants to have a moan… but as the developers will not care any more, unless the neighbours intends to initiate some sort of pointless campaign of action it probably won’t amount to much more than grumbling over the hedgerows 

user1977

lisyloo said:

Was it a new build?

Everything was a new build...

But seriously, it's been a pretty common sort of covenant for decades.

lisyloo

paulj2021 said:

the only issue might be some pedantic neighbour who wants to have a moan… but as the developers will not care any more, unless the neighbours intends to initiate some sort of pointless campaign of action it probably won’t amount to much more than grumbling over the hedgerows 

Yes didn’t spell it out but very difficult to enforce these kind of things.
we have a turning place that looks like a lay-by that no one is meant to park in.
luckily I have really nice neighbours but it’s a nightmare for anyone with even legitimate reasons wanting to take action.
you’d have to take court action and then get enforcement at each infringement for a vehicle that can easily be moved before enforcement arrives.

its Possible it could put someone off especially if they have any doubts anyway, but overall I’d say it’s not an issue for most people.

Section62

paulj2021 said:

the only issue might be some pedantic neighbour who wants to have a moan… but as the developers will not care any more, unless the neighbours intends to initiate some sort of pointless campaign of action it probably won’t amount to much more than grumbling over the hedgerows 

Although sometimes you get a situation like this where someone has a point, goes to their solicitor, and.....

https://forums.moneysavingexpert.com/discussion/6278488/shared-drive-restrictive-covenants-and-parking-problems#latest


Confidence that no action will be taken depends on who can legally benefit from the covenant, and whether they still exist or care.

Although restrictive covenants are often used by developers to control activity whilst they are marketing a development, that isn't exclusively true.