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    • dral
    • By dral 11th Aug 18, 11:37 AM
    • 3Posts
    • 1Thanks
    dral
    Buying ex-council house, restrictive covenent regarding parking...
    • #1
    • 11th Aug 18, 11:37 AM
    Buying ex-council house, restrictive covenent regarding parking... 11th Aug 18 at 11:37 AM
    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!
Page 1
    • AnotherJoe
    • By AnotherJoe 11th Aug 18, 11:42 AM
    • 10,997 Posts
    • 12,688 Thanks
    AnotherJoe
    • #2
    • 11th Aug 18, 11:42 AM
    • #2
    • 11th Aug 18, 11:42 AM
    Is there a dropped kerb?
    • RichardD1970
    • By RichardD1970 11th Aug 18, 11:43 AM
    • 3,027 Posts
    • 4,489 Thanks
    RichardD1970
    • #3
    • 11th Aug 18, 11:43 AM
    • #3
    • 11th Aug 18, 11:43 AM
    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
    • By dral 11th Aug 18, 11:44 AM
    • 3 Posts
    • 1 Thanks
    dral
    • #4
    • 11th Aug 18, 11:44 AM
    • #4
    • 11th Aug 18, 11:44 AM
    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
    • By JP1978 11th Aug 18, 12:15 PM
    • 453 Posts
    • 311 Thanks
    JP1978
    • #5
    • 11th Aug 18, 12:15 PM
    • #5
    • 11th Aug 18, 12:15 PM
    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
    • By MovingForwards 11th Aug 18, 1:48 PM
    • 407 Posts
    • 482 Thanks
    MovingForwards
    • #6
    • 11th Aug 18, 1:48 PM
    • #6
    • 11th Aug 18, 1:48 PM
    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.
    • dral
    • By dral 11th Aug 18, 2:07 PM
    • 3 Posts
    • 1 Thanks
    dral
    • #7
    • 11th Aug 18, 2:07 PM
    • #7
    • 11th Aug 18, 2:07 PM
    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.
    Originally posted by JP1978
    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

    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.
    Originally posted by MovingForwards
    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.
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