Breach of restrictive covenant - cannot park in front of the house

[iD]

Hi All

I'm in the process of buying a house and the solicitors have raised the following covenant in the deed.

Not without the previous written consent of the Corporation (which may be subjected to the conditions) to use or permit the use of the front garden of the property or the access thereto for parking of a vehicle of any kind nor to use or permit to be used for residential purpose any vehicle at any time parked on any part of the property

This essentially mean that we cannot park in the front garden. We have asked the seller for written consent from the Corporation and I don't think they actually have one.

Property currently has a paved front driveway and dropped curb. Looking at the google street view, it has been like that since 2008 (this is as far as GSV goes).

All the neighbouring properties (except one) also have the dropped curb and paved drive way since 2008 at the very least. I checked on council planning permission website and only a couple of properties are showing 'Construction of vehicular crossover' applications.

My solicitors have advised to take out indemnity insurance for it which sounds sensible I guess. 

I was wondering if these covenants are still applicable after almost 15 years? Also, what are the future implications for me when in the case of selling the house? Additionally, what should I be asking my solicitors or sellers if I've missed out on anything obvious.

I have attached a partial GSV screenshot if it helps. Thank you in advance for any help.

Section62

[iD] said:

Hi All

I'm in the process of buying a house and the solicitors have raised the following covenant in the deed.

Not without the previous written consent of the Corporation (which may be subjected to the conditions) to use or permit the use of the front garden of the property or the access thereto for parking of a vehicle of any kind nor to use or permit to be used for residential purpose any vehicle at any time parked on any part of the property

This essentially mean that we cannot park in the front garden. We have asked the seller for written consent from the Corporation and I don't think they actually have one.

Property currently has a paved front driveway and dropped curb. Looking at the google street view, it has been like that since 2008 (this is as far as GSV goes).

All the neighbouring properties (except one) also have the dropped curb and paved drive way since 2008 at the very least. I checked on council planning permission website and only a couple of properties are showing 'Construction of vehicular crossover' applications.

My solicitors have advised to take out indemnity insurance for it which sounds sensible I guess. 

I was wondering if these covenants are still applicable after almost 15 years? Also, what are the future implications for me when in the case of selling the house? Additionally, what should I be asking my solicitors or sellers if I've missed out on anything obvious.

I have attached a partial GSV screenshot if it helps. Thank you in advance for any help.

Unless there is a specified time limit then the answer is often 'yes' they can be enforced if the beneficiary is around and interested enough to do so.  15 years is a relatively young covenant.

'Corporation' is often used where the beneficiary is a council or housing association (but not exclusively so) - is that the case here?

The main future implication is having a buyer who isn't happy with an indemnity policy, but what that means will depend on your circumstances at the time.  It is possible the 'corporation' will notice you are parking on the front garden and try and stop you, which is possibly slightly more likely if the corporation is in fact the local council.

Are there any planning conditions prohibiting converting the front garden to parking?

propertyrental

Is the dropped kerb authorised or was it a DIY job?

If the council authorised it, and the council is 'the corporation' I can't see them objecting to the front garden parking.

ps - leaving an unattended infant  in front of the house might attract the attention of social services!

[iD]

Section62 said:

Unless there is a specified time limit then the answer is often 'yes' they can be enforced if the beneficiary is around and interested enough to do so.  15 years is a relatively young covenant.

'Corporation' is often used where the beneficiary is a council or housing association (but not exclusively so) - is that the case here?

The main future implication is having a buyer who isn't happy with an indemnity policy, but what that means will depend on your circumstances at the time.  It is possible the 'corporation' will notice you are parking on the front garden and try and stop you, which is possibly slightly more likely if the corporation is in fact the local council.

Are there any planning conditions prohibiting converting the front garden to parking?

Thank you!
I believe the property is an ex council, seeing the deed when sellers bought it (1982), it looks like they got a discount on the property as well and if I remember correctly the next door is council house. As I said, it doesn't seem like it bothered council for at least 15 years but then again, there is no guarantee it won't.

Where do I find the planning conditions prohibiting converting the front garden to parking? In the deed?

[iD]

propertyrental said:

Is the dropped kerb authorised or was it a DIY job?

If the council authorised it, and the council is 'the corporation' I can't see them objecting to the front garden parking.

ps - leaving an unattended infant  in front of the house might attract the attention of social services!

Ha, knew someone would notice the typo there. 
It looks like council's dropped the curb but I can't see anything on planning website for this particular property, the only thing they have for this property is an application from 2008 for a rear extension, no documents to download though. Although, I have seen vehicular crossover applications for a couple of neighbouring properties.

Thank you.

Section62

propertyrental said:

If the council authorised it, and the council is 'the corporation' I can't see them objecting to the front garden parking.

They probably won't object, but strictly speaking they could.  The council's function as highway authority 'approving' the construction of a vehicle crossover is a separate entity to the corporate body that sold the property. (and if it isn't a unitary authority it could be two different councils)

Furthermore, agreement to provide a vehicle crossover isn't permission to park in the front garden - it is part of ensuring the footway (or verge) is constructed to a standard necessary to avoid damage by vehicles accessing the property, and legally nothing to do with parking on the property.

[iD]

With your experience, what should be the best course of action here then?
* Solicitors clearly suggesting indemnity insurance.
* Seller don't see this being an issue as it hasn't bothered them for 40 years.

If this is to affect the house price when/if I sell it in the future, how much of would this reduce the property value?

user1977

If the beneficiary of the covenant has done no enforcement for decades, then the risk of them suddenly deciding to take exception to the driveways seems non-existent. And to the extent there is a risk, the indemnity policy covers it. It's not going to affect the property value. Yes, there might be a buyer who gets irrationally twitchy about it, but you could say the same about countless other things.

[iD]

Update, I forgot to mention that property also have an extension to the rear, which was done in 2008 and I have the planning permission approval notification.
Whilst reading the I came across a page that says

The application site is a two story semi detached single family dwelling located on the eastern side of <TOWN>. The property is west facing and has previously extended in the form of a front porch and rear canopy.

The application relates to the erection of a single story rear extension to from kitchen and dining room.

Background
99/99999/TP - Construction of vehicular crossover - Per

The property has extended in the form of a front porch and rear canopy. The canopy will be removed to make way for this development.

Consultations

Neighbouring properties were consulted and as a result of the consultation process no objections have been received

Am I correct in assuming that the vehicular crossover application was made? Although I cannot find it on councils planning permission site when I search for it, Not sure if it changes anything.

Note: 99/99999/TP is not the actual application number, I have just masked the info

Section62

[iD] said:

Update, I forgot to mention that property also have an extension to the rear, which was done in 2008 and I have the planning permission approval notification.
Whilst reading the I came across a page that says

The application site is a two story semi detached single family dwelling located on the eastern side of <TOWN>. The property is west facing and has previously extended in the form of a front porch and rear canopy.

The application relates to the erection of a single story rear extension to from kitchen and dining room.

Background
99/99999/TP - Construction of vehicular crossover - Per

The property has extended in the form of a front porch and rear canopy. The canopy will be removed to make way for this development.

Consultations

Neighbouring properties were consulted and as a result of the consultation process no objections have been received

Am I correct in assuming that the vehicular crossover application was made? Although I cannot find it on councils planning permission site when I search for it, Not sure if it changes anything.

Note: 99/99999/TP is not the actual application number, I have just masked the info

Is the house on a classified road (A, B, C)?

Applications for dropped kerbs are usually dealt with by the highways department, and normally don't get onto the planning database.  However, if the property is on a classified road then planning consent is required for creating the new access. This consent is separate to the dropped kerb 'approval' from the highways department.  The format "99/99999/TP" looks like a planning application reference - these are usually in the format "Year/Sequential number/type" - the type being a code and for a new access I'd normally expect either "Ful" or "Full".

If it is a planning application then it doesn't confirm that the crossover has been agreed by highways.

[iD]

House is on an A road. 
Reference number does look like a Planning application reference. I'm guessing TP stands for Travel Plan (google helped).

A Travel Plan (TP) is a long-term management strategy which aims to increase sustainable travel to a site through positive actions. It is set out in a document that is reviewed regularly.

Not sure why the application is not on Councils website, I can give them a ring and see if they can provide me with it by looking in their records.

If it is a planning application then it doesn't confirm that the crossover has been agreed by highways.

Is that an issue?