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Redrow Restrictive Covenant and Parking
How can Redrow enforce a restrictive covenant regarding visitor parking on our road? A neighbour has informed us that our visitor cannot park on our road outside our house due to Redrow's restrictive covenant. The parking of this regular visitor (twice a week on average with overnight stays) does not cause any obstruction other than any parked car would on any road that does not have parking restrictions. There is space for two cars to pass each other comfortably on the road itself. I want to ignore this neighbour but want to know how this parking policy could be enforced if the neighbour were to complain to Redrow. Any help or advice please!
Comments
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Take a look here:
https://www.kdllaw.com/legal-updates/the-right-to-park-a-car-restrictions-on-parking-in-residential-developments
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Has the road been adopted as public highway, or is it still private? If private, does the land still belong to Redrow?
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and, most importantly, what exactly does this Covenant say?
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Is your house leasehold or freehold?
Assuming it's freehold, you probably signed a transfer deed which stated the covenants, and by signing the deed you agreed to be bound by them.
You need to read the deed to see what you agreed to (e.g. whether you agreed to not allow your visitors to park on the road).
The deed should also specify what action can be taken against you, if you breach the terms in the deed that you agreed to.
… but your visitor won't have signed the deed, so they would not be bound by any terms in it.
But assuming it's a private road, are there any signs relating to parking? If there are signs specifying parking t&cs (contract terms), then there's an argument that by parking, your visitor is entering into a contract, and they are bound by the contract terms on the signs.
But there's also the consideration of whether you want to get into an argument with your neighbour over this (even if they're in the wrong). For example, could the situation be de-escalated if your visitor parked around the corner, even though they shouldn't have to?
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How old is the estate?
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