PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Buying ex-council house, restrictive covenent regarding parking...

dral
dral Posts: 3 Newbie
in House buying, renting & selling
Hi all,

Just after a bit of advice really! I am currently in the process of buying an ex-council house (bought from the council in the late 70's by previous owner). The original transfer docs have a few restrictive covenants which I'm fine with, however there is one that stands out:

"Not to place... on the front garden, drive... any vehicles of any description whatsoever"

Despite this the previous owner has built a driveway in the front garden and (presumably) used it in the many years it has been owned by her family. My solicitor says there's not much we can do as an indemnity policy would not be valid (it's the act of parking up that would be a breach, not building the driveway). He does however say it is highly unlikely the council would take action. I estimate about 70% of the houses on that road (Mostly ex-council) have driveways which are regularly used by the residents.

Has anyone encountered anything like this before and have any advice? I'm a FTB'er so inexperienced and my solicitor isn't being particularly helpful :)

Cheers!

Comments

  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Is there a dropped kerb?
  • RichardD1970
    RichardD1970 Posts: 3,795 Forumite
    First Anniversary Name Dropper First Post
    All the ex-council houses (built late sixties) around here have similar covenants attached.

    Most, that are able, have dropped curbs, applied for from the council, and one of the stipulations on the application is that you have to already have some sort of hard standing in place before the curb is dropped.
  • dral
    dral Posts: 3 Newbie
    Ah yes forgot to mention - there is indeed a dropped kerb. However from what I know the council planners would not check restrictive covenants when deciding whether to put one in?
  • JP1978
    JP1978 Posts: 527 Forumite
    You would hope that it would be looked at pragmatically by the council - if your prospective house has the covenant, then the others built at the same time in the area will have. If one was enforced, all would be.... how many cars would that mean been put out to the roadside? How many complaints re parking would the council then get as a result?

    You could try and call anonymously, saying that you live on the estate, mention the restriction and ask if it would ever be followed up on - mind that not as many people owned cars in the 70's and parking was not seen as a potential issue at that stage.
  • MovingForwards
    MovingForwards Posts: 16,905 Forumite
    First Anniversary First Post Name Dropper Photogenic
    My old house had it, but oddly enough you can write to the council asking permission to park your car and they grant it; cars/bikes only not caravans/vans.

    It is for your use only, cannot be passed on when sold and new owner has to do the same when they move in.
    Mortgage started 2020, aiming to clear it in 2026.
  • dral
    dral Posts: 3 Newbie
    JP1978 wrote: »
    You would hope that it would be looked at pragmatically by the council - if your prospective house has the covenant, then the others built at the same time in the area will have. If one was enforced, all would be.... how many cars would that mean been put out to the roadside? How many complaints re parking would the council then get as a result?

    You could try and call anonymously, saying that you live on the estate, mention the restriction and ask if it would ever be followed up on - mind that not as many people owned cars in the 70's and parking was not seen as a potential issue at that stage.

    You would hope so :) I can't see what negative effect parking a car on a driveway would have from the council's point of view so I don't think they would gain anything from any action, but you never know. My worry with contacting them is we'd then be giving the game away as it were, which would make any potential action from them more likely so it's a catch 22 :p
    MovingForwards wrote: »
    My old house had it, but oddly enough you can write to the council asking permission to park your car and they grant it; cars/bikes only not caravans/vans.

    It is for your use only, cannot be passed on when sold and new owner has to do the same when they move in.

    Ah, interesting, I haven't heard of that. I might ask the current owner about it directly and see if they've done anything similar. Would definitely put my mind at rest anyway.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.1K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards