Do covenants cover roads or just driveways? Parking Concern

GixerKate

So on the new build development (well, its not that new anymore, its about 3/4 years old now) our covenants ban the residents from having caravans, campervans, big branded vans etc, the usual thing for the newer estates but we now have a number of campervans parked in various parking bays around the development.

Parking is pretty tight so a few people are grumbling.  Where do we stand though?  Do the covenants only cover driveways or does it include the parking bays which aren't allocated to specific homes?  The roads are due to be adopted by the local council but it hasn't happened as yet.  We don't even know if the campervans are owned by residents or just been parked there (they are taxed and MOT'ed).

Covenants state:

"NO caravan trailer house on wheels boat or commercial vehicle (having an unladen weight in excess of 1.75 tonnes) shall be parked or left on the Property or on any roads verges or open spaces on the Transferor's Estate without the Transferor's prior written consent which shall be given at the Transferor's sole discretion"

user1977

I don't think anybody can advise you without seeing the relevant deeds. They could cover the parking bays.

pinkshoes

Do you have a lease charge that covers maintenance of the parking bays?

Will the council also be taking over the road that covers the parking bays?

The not on driveway thing is usually because it just looks untidy. If they're taxed and insured then unless there is some sort of lease says otherwise, they can park in the parking bays. 

People can't grumble about parking. Always purchase/rent a property that meets your parking needs. 

(I prioritised parking over a pretty house. I spent many years fighting for street parking in Oxford and it was tedious. My brother however wanted a character house in walking distance to a city centre. There are no driveways so he fights alongside everyone else for the parking spaces available. He knew that when he bought it so accepts it).

GixerKate

user1977 said:

I don't think anybody can advise you without seeing the relevant deeds. They could cover the parking bays.

I've updated the original post with the relevant deeds which does seem to cover the parking bays, I don't know exactly what can be done though.

Section62

GixerKate said:

user1977 said:

I don't think anybody can advise you without seeing the relevant deeds. They could cover the parking bays.

I've updated the original post with the relevant deeds which does seem to cover the parking bays, I don't know exactly what can be done though.

"...or on any roads verges or open spaces on the Transferor's Estate..." probably covers it until the roads are adopted.  Then it depends whether the bays are included in the definition of "Transferor's Estate".

All you can do is to ask the developer to enforce the covenant.  It might help if the vans are large and causing damage to the bays/verges/roads.

GixerKate

pinkshoes said:

Do you have a lease charge that covers maintenance of the parking bays?

Will the council also be taking over the road that covers the parking bays?

The not on driveway thing is usually because it just looks untidy. If they're taxed and insured then unless there is some sort of lease says otherwise, they can park in the parking bays. 

People can't grumble about parking. Always purchase/rent a property that meets your parking needs. 

(I prioritised parking over a pretty house. I spent many years fighting for street parking in Oxford and it was tedious. My brother however wanted a character house in walking distance to a city centre. There are no driveways so he fights alongside everyone else for the parking spaces available. He knew that when he bought it so accepts it).

I couldn't agree more and if the campervans were parked on the driveways I don't think people would grumble.  Unfortunately we have the case of 3 campervans taking up space that can usually fit 6 cars and they aren't moving for weeks on end.  One of the campervans spent 3 weeks at one end of the estate, 4 weeks in another parking bay in the middle of the estate and is now up the other end and has been there for about 4 weeks now.  It mysteriously gets moved when its dark lol.

BlueVeranda

Hopefully they're well secured against theft then as I doubt the owners can keep a close watch on them in all of the different parking areas. 

user1977

As you alluded to above, if they're not even owned by residents of the estate then the drivers aren't subject to the covenants anyway.

propertyrental

GixerKate said:

...... The roads are due to be adopted by the local council.  

Once adopted, the covenant might be irrelevant, depending whether " the transferor's estate" means the estate at the time of transfer, or the current estate (which would no longer belong to the transferor. Legal interpretauon anyone?

We don't even know if the campervans are owned by residents or just been parked there

Makes a big difference as non residents would not be bound by the covenant. If it's private land though the land owner might be able to impose parking restrictions....

or left on the Property or on any roads verges or open spaces on the Transferor's Estate 

Seems clear. The covenant applies to the roads, not just the property.

Also relevant is who has benefit of the covenant, and hence ability to enforce; just the transferor, or all residents?

Rodders53

Motorhomes are not "caravan trailers" not are they "commercial vehicles".
Motorhomes are not caravans, nor trailers if it is meant to be two "things".

So not covered by that Covenant# wording, from my lay reading.  Consult a lawyer?

# Actually very poorly worded and the lack of punctuation doesn't help.

ProDave

GixerKate said:

Covenants state:

"NO caravan trailer house on wheels boat or commercial vehicle (having an unladen weight in excess of 1.75 tonnes) shall be parked or left on the Property or on any roads verges or open spaces on the Transferor's Estate without the Transferor's prior written consent which shall be given at the Transferor's sole discretion"

Devil's advocate.  That is a poorly worded covenant and I am sure a lawyer could do a very good job of interpreting that as a caravan less than 1.75 tons (which is most of them) could legally be parked on your front garden.  Same for any boat less than that weight etc.