Restrictive Covenant 20 year rule

Marvel123

GDB2222 said:

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? 

no not at all we are a quiet couple , however there is 1 resident who dislikes us parking in communal spaces ( just a busy body ) and its him whinhas brought this to attention of the directors 

Marvel123

we knew the risks with the covenants when purchasing the house but after renting on the estate previously and knowing the area quite well we didn't think it would become an issue. 
Now I'm just trying to prepare myself with enough back up/ evidence to ensure we can fight our corner and not simply do as they want us to ( hence coming across the 20 year rule that I'm trying t9 get my head around )

Marvel123

I'm hoping it can be sorted out amicably because if the directors really pushed for us not to use the communal spaces and took us to court it would be us ultimately paying for it through our annual charges 

Section62

Marvel123 said:

 
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

For clarity, have you lived in the house since it was built, and if not, how do you know the BiB is correct?  Could it be possible the actions of the directors relate to long-standing issue that a previous occupier converted their parking space into garden?

You need to find out why there is a discrepancy between the plans showing the parking space, and the current situation on the ground.  It is relatively unusual for houses built in the 1980's not to have some form of dedicated parking, as planning policy at that time imposed minimum parking standards which were adhered to quite strictly.  If your plans show a parking space there has to be a reason why it isn't there now.

For that reason, another thing to check is what the original (and any subsequent) planning approvals say.  If the original planning consent required a parking sapce to be provided then you may be in breach of the consent if it isn't there now.  Covenants were often used to enforce the retention of parking provision in addition to planning conditions - so the director's actions shouldn't been ignored or dismissed without further investigation... there might be more to it than them being 'set in their ways'.

Marvel123

Section62 said:

Marvel123 said:

 
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

For clarity, have you lived in the house since it was built, and if not, how do you know the BiB is correct?  Could it be possible the actions of the directors relate to long-standing issue that a previous occupier converted their parking space into garden?

You need to find out why there is a discrepancy between the plans showing the parking space, and the current situation on the ground.  It is relatively unusual for houses built in the 1980's not to have some form of dedicated parking, as planning policy at that time imposed minimum parking standards which were adhered to quite strictly.  If your plans show a parking space there has to be a reason why it isn't there now.

For that reason, another thing to check is what the original (and any subsequent) planning approvals say.  If the original planning consent required a parking sapce to be provided then you may be in breach of the consent if it isn't there now.  Covenants were often used to enforce the retention of parking provision in addition to planning conditions - so the director's actions shouldn't been ignored or dismissed without further investigation... there might be more to it than them being 'set in their ways'.

no not lived here since it was built, been here about 5 years

all houses on estate have small courtyard gardens and there are a few that have larger gardens . The  conveyance plan attached to the deeds show a dashed area within all these larger  gardens and the writing at the side says optional car port . None of these gardens have been used for parking spaces, most have a conservatory and we all have patio slabs through out. No obvious signs of designated parking space within these gardens 

Marvel123

Marvel123 said:

Section62 said:

Marvel123 said:

 
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

For clarity, have you lived in the house since it was built, and if not, how do you know the BiB is correct?  Could it be possible the actions of the directors relate to long-standing issue that a previous occupier converted their parking space into garden?

You need to find out why there is a discrepancy between the plans showing the parking space, and the current situation on the ground.  It is relatively unusual for houses built in the 1980's not to have some form of dedicated parking, as planning policy at that time imposed minimum parking standards which were adhered to quite strictly.  If your plans show a parking space there has to be a reason why it isn't there now.

For that reason, another thing to check is what the original (and any subsequent) planning approvals say.  If the original planning consent required a parking sapce to be provided then you may be in breach of the consent if it isn't there now.  Covenants were often used to enforce the retention of parking provision in addition to planning conditions - so the director's actions shouldn't been ignored or dismissed without further investigation... there might be more to it than them being 'set in their ways'.

no not lived here since it was built, been here about 5 years

all houses on estate have small courtyard gardens and there are a few that have larger gardens . The  conveyance plan attached to the deeds show a dashed area within all these larger  gardens and the writing at the side says optional car port . None of these gardens have been used for parking spaces, most have a conservatory and we all have patio slabs through out. No obvious signs of designated parking space within these gardens 

could it be that we are allowed a carport if we wanted to but if not and we would prefer to have full use of the garden then we are entitled house the shared and public spaces within the car park areas on the estate

eddddy

Marvel123 said:

could it be that we are allowed a carport if we wanted to but if not and we would prefer to have full use of the garden then we are entitled house the shared and public spaces within the car park areas on the estate

It sounds a bit like you're making up imaginary 'rules'.

The 'rules' are precisely what the deed says. You shouldn't try to imagine or invent 'rules' which aren't written in the deed.

You've posted some 'rules' stated in the deed - they seem reasonably clear. Are there any other 'rules' about parking in the deed, or any 'rules' that refer to having or not having a carport etc?

Marvel123

eddddy said:

Marvel123 said:

could it be that we are allowed a carport if we wanted to but if not and we would prefer to have full use of the garden then we are entitled house the shared and public spaces within the car park areas on the estate

It sounds a bit like you're making up imaginary 'rules'.

The 'rules' are precisely what the deed says. You shouldn't try to imagine or invent 'rules' which aren't written in the deed.

You've posted some 'rules' stated in the deed - they seem reasonably clear. Are there any other 'rules' about parking in the deed, or any 'rules' that refer to having or not having a carport etc?

no I am not making rules up

 I have stated what is written in the deeds, and the text about the carport in the conveyance plan drawing within the deeds

the deeds don't specifically state I have to park in the garden, and I am just after clarification I am interpreting them correctly ( as stated in original post ) and that I'm in my right to park in the shared communal spaces 

BrownTrout

What ever happens make sure they dont employ a private parking firm!

eddddy

Marvel123 said:

the deeds don't specifically state I have to park in the garden, and I am just after clarification I am interpreting them correctly ( as stated in original post ) and that I'm in my right to park in the shared communal spaces 

The extract from the Deed that you've posted doesn't mention "communal spaces".

It only mentions 2 types of parking spaces - "private parking spaces" and "parking spaces intended to become public parking spaces".

Are you talking about a 3rd type of parking space called "communal spaces", or do you mean the "parking spaces intended to become public parking spaces"?

The deed seems to be very clear about the rules for "parking spaces intended to become public parking spaces".