Business in deeds

MouldyOldDough

Our deeds specifically state that no business can be carried out on the premises
But a neighbour appears to be running a scrapyard in his garden 
He drives a transit recovery van and keeps on bringing in scrapped cars 
Is there any legal standing to 70 year old deeds? 

QrizB

If you don't care about any goodwill with your neighbour, you could try your local council and the Environment Agency:

https://www.vrauk.org/ProperlyLicensed.aspx

Vehicles are complex products containing many materials that are potentially hazardous to human health & the environment.  So at the end of their useful lives, scrap vehicles (End of Life Vehicles, ELVs) have to undergo decontamination (depollution) before they can be dismantled & scrapped.

ELVs, vehicles that have been sent for dismantling/ scrapping, are defined in law as waste. So in order to protect the environment, any company carrying out dismantling & scrapping must be ‘licensed’ by Government. These companies are called ELV ATFs – End of Life Vehicle Authorised Treatment Facilities.

The Environment Agency (EA) is the Government Department responsible for regulating our industry in England; in Scotland it is SEPA, in Wales it is Natural Resources Wales (NRW), & in Northern Ireland it is Northern Ireland Environment Agency (NIEA).

All vehicle dismantlers, scrap metal yards, and motor salvage dealers also have to be registered with their local councils as Scrap Metal Dealers.  This is to help prevent & detect scrap metal & vehicle theft.

So, the licenses required by anyone dismantling &/or scrapping vehicles are:

• Waste Management License/ Environmental Permit
• Waste Carriers License (if they collect/deliver/ transport scrap vehicles)
• Scrap Metal Dealer (not in Northern Ireland)

They will need ALL of these separate licenses.

theartfullodger

Have you read HIS deeds - fo they day the same? (probably but not definitely)

propertyrental

And having read his deeds, who is the agreement between? The original land-owner/developer and the 1st buyer 70 years ago?

The buyer will probably have had to agree to bind subsequent buyers but what about the land-owner? Do they still exist? have their rights been passed down or inherited to someone else? Who? That could determine who can enforce the prohibition against business.

Or does the original agreement give a benefit to others eg you as a neighbour?

Without readig the deed or conveyance in question we can only speculate.

But as QrizB says above, quite apart from what the deeds say, if the property is designated as residential for Plaing purposes, the the council planners could be approached.

And if the business in question has a negative impact on the environment then the EA cpuld be approached.

So that's 3 potential lines to follow up.

MouldyOldDough

theartfullodger said:

Have you read HIS deeds - fo they day the same? (probably but not definitely)

No - how do I get to read his deeds ?

Mine were in hard copy (originals) when I bought the house in 1999

silvercar

MouldyOldDough said:

theartfullodger said:

Have you read HIS deeds - fo they day the same? (probably but not definitely)

No - how do I get to read his deeds ?

Mine were in hard copy (originals) when I bought the house in 1999

Download them from the Land Registry site for £3. You may have the originals of yours, but if you bought in 1999, the official copy would be registered with the Land Registry and that is what will be used when you sell going forward.

MouldyOldDough

QrizB said:

If you don't care about any goodwill with your neighbour, you could try your local council and the Environment Agency:

https://www.vrauk.org/ProperlyLicensed.aspx

Vehicles are complex products containing many materials that are potentially hazardous to human health & the environment.  So at the end of their useful lives, scrap vehicles (End of Life Vehicles, ELVs) have to undergo decontamination (depollution) before they can be dismantled & scrapped.

ELVs, vehicles that have been sent for dismantling/ scrapping, are defined in law as waste. So in order to protect the environment, any company carrying out dismantling & scrapping must be ‘licensed’ by Government. These companies are called ELV ATFs – End of Life Vehicle Authorised Treatment Facilities.

The Environment Agency (EA) is the Government Department responsible for regulating our industry in England; in Scotland it is SEPA, in Wales it is Natural Resources Wales (NRW), & in Northern Ireland it is Northern Ireland Environment Agency (NIEA).

All vehicle dismantlers, scrap metal yards, and motor salvage dealers also have to be registered with their local councils as Scrap Metal Dealers.  This is to help prevent & detect scrap metal & vehicle theft.

So, the licenses required by anyone dismantling &/or scrapping vehicles are:

• Waste Management License/ Environmental Permit
• Waste Carriers License (if they collect/deliver/ transport scrap vehicles)
• Scrap Metal Dealer (not in Northern Ireland)

They will need ALL of these separate licenses.

He's not in the VRA - But then there's only 3 registered in the whole county !!

macman

Business rates being paid? I rather doubt it.

user1977

If the houses were part of the same development, it's highly likely that all such covenants are going to be identical.

propertyrental

MouldyOldDough said:

theartfullodger said:

Have you read HIS deeds - fo they day the same? (probably but not definitely)

No - how do I get to read his deeds ?

Mine were in hard copy (originals) when I bought the house in 1999

You download them for £3 here on Tuesday:

https://search-property-information.service.gov.uk/?_ga=2.227252893.1011285419.1624257816-2123334908.1623227908

MouldyOldDough

user1977 said:

If the houses were part of the same development, it's highly likely that all such covenants are going to be identical.

The houses were built at the same time...