Restrictive Covenant 20 year rule

Marvel123

 We have a freehold house where all houses and flats on estate have a share In the residents association who employ an external management org.
 
most houses have parking on their drive or allocated spaces in the car parking areas ( with separate titles to the parking space )
there are also several public and private parking spaces which are used by visitors or people with more than 1 car
 
our deeds /title plan refer to "land edged red" and  show our land marked as red and the  parking space is drawn in dashed lines within the back garden. This has never happened as there are always sufficient spaces amongst the estate to park in.

can the management org legally make us park in the garden , or is it unforcable as the covenant has not been enforced since the estate was built in the 80's

the deeds state:
- use the shared private parking spaces for purpose which the same are intended and in accordance with the transfer
- use the parking spaces intended to become public parking spaces for parking 1 private car in roadworthy condition and no vehicle to be kept on such space for more than 48hrs
-to use any parking space transferred only for the parking of 1 private motor car 

user1977

If you're employing the management company, surely you can tell them what you want enforced? It's not them who have rights under the titles.

Marvel123

user1977 said:

If you're employing the management company, surely you can tell them what you want enforced? It's not them who have rights under the titles.

the residents org is run by 2 directors ( 2 house owners on the estate ) and it's them who want to force us to park in the garden. They have made us aware they don't like us parking within the estate and are in discussions with the management org to take the matter further 

eddddy

Are these covenants attached to the land?

Or are they part of a Deed of Covenant that you signed with the Management Company or Residents Organisation when you bought the property?  (I suspect this is more likely.)

If they relate to a Deed of Covenant you signed when you bought, I don't think you'll succeed in arguing they're unenforceable.


But it sounds like it's the Residents Organisation (i.e. perhaps the 2 directors) who will have instructed the Management Company to enforce this. So maybe talk to them.

Marvel123

eddddy said:

Are these covenants attached to the land?

Or are they part of a Deed of Covenant that you signed with the Management Company or Residents Organisation when you bought the property?  (I suspect this is more likely.)

If they relate to a Deed of Covenant you signed when you bought, I don't think you'll succeed in arguing they're unenforceable.


But it sounds like it's the Residents Organisation (i.e. perhaps the 2 directors) who will have instructed the Management Company to enforce this. So maybe talk to them.

I believe they run with the land

the directors of the residents organisation are not listening and just saying you need to park in your space ie the back garden

the property has never used the back garden for parking in over 20 years so I thought maybe I would have a case to argue should the management org start proceeding further than just a polite letter asking us to park in the garden

Marvel123

my main query is if the deeds / covenants read that we must park in the parking space or not? 

eddddy

Marvel123 said:

my main query is if the deeds / covenants read that we must park in the parking space or not? 

The deed doesn't say you have to park in your garden.

The deed restricts the use of "shared private parking spaces" and the use of "public parking spaces".

GDB2222

Who elected the directors? 

How many residents are there, ie how many separate votes in the association?

Is it just you being picked on, and if so why?

Marvel123

eddddy said:

Marvel123 said:

my main query is if the deeds / covenants read that we must park in the parking space or not? 

The deed doesn't say you have to park in your garden.

The deed restricts the use of "shared private parking spaces" and the use of "public parking spaces".

that's how we read them , and as we park in the public and shared spaces ( they are all just marked private ) with a roadworthy car and not more than 48hrs ( we use the car daily so it's always moved ) we don't believe we are doing anything wrong - especially as there are always spare spaces

if however these spaces were fully used then we would have to consider parking in our garden or finding alternative spaces 

Marvel123

GDB2222 said:

Who elected the directors? 

How many residents are there, ie how many separate votes in the association?

Is it just you being picked on, and if so why?

there are 70 separate households whi each have 1 share in the residentd association as per the title register/deeds
the directors are not specifically elected but voluntered and automatically become directors
they seem to not like us as they are a bit set in their ways and want the estate like it was in the 80s

GDB2222

So, others on the estate are being allowed to use the community parking, but not you? Have you upset people with noise maybe, and they want you to leave?