Breaking Property Covenants

[kat2206]

Hi Guys, I have a neighbour that persistantly brings home his works van, parks it in his driveway rather than inhis double garage and is incredibly unslightly.

I have checked and in all the Title Deeds to the properties on our small development it clearly states that absolutely no commercial property or vehicles are permitted on the property.

How do I go about putting this into action and getting this eyesore off our development or at least away in his garage.

P.S It is a fish van, so not only does it look unsightly it also smells pretty bad too.

Many thanks, Katherine.

[bednobs]

THE first thing to do would be to speak to him

[dzug]

You then need to work out who the covenant was with and get them to enforce it. You may alas find they are not interested in doing so.

[kat2206]

Unfortunately they do not listen, I have tried speaking to them numerous times and the wife, well she is nothing more than a mental health patient, every time she sees my children now she calls the police saying that they are damaging her property, which every time the police come there is no sign of any damage, in fact, she has reported them in when they were staying at their fathers approx 30 miles away!

The properties are all brand new, devlopment finished around Sept last year, so from what I have read it will be up to the developers to report her commercial property/vehicle?

Many thanks for your responses so far, Katherine.

[chappie]

Hi Mamjet - missing you already!

[kat2206]

Tetjam, at what point did you decide that my children vandalise this persons property? They have never and would never do anything to destroy other peoples property.

My youngest is disabled and my oldest is an incredibly responsible and sensitive 16 year old.

You absolutely cannot cast aspersions on people, you have no idea what it is like to live near this woman, her husband seems fine actually, even down to little henpecked dare I say?

I asked for advice with regards to the siting of commerical property on ones driveway whence it clearly states that you are not permitted to do so.

If you can only try and belittle and poke fun at vandolism then I am sure I would not appreciate your advice.

But many thanks anyway for your input.

[HomingPigeon]

Think he was winding you up Katherine.

[kat2206]

LOL Touche TetJam.

I have however received a phone call from the police today and they have issued her with a warning to stay away from the children and to stop verbally assaulting them too, so I have had a bit of a positive response!

[Fay Mousse]

You will find that once the developer has sold all the properties, he loses interest in enforcing covenants, This particular one is to make the development look attractive to potential buyers.

Find a different way of solving the problem - does the van obstruct your light, or your access or interfere with you in any other way?

[kat2206]

Hi Fay, thank you for your advice, fortunately it is not obscuring my view etc etc however, this is going to sound awful so apologies (the estate, albeit very small is a very prestigious estate with considerably large houses on it).

We paid an awful lot of money (as you do when buying a property) and I do not want it looking like some junk yard as his van is not exactly nice to look at, I know its only asthetics etc but we bought this house to live in it for life, I dont want to see that blasted awful van every morning when I get up and go to work.

I am sorry if that sounds bad but we have worked so hard all our life to have this lifestyle as we have now and I dont want it spoiled. The wife has now been told by the police to "wind it in" and hopefully that will keep her from "rampaging the children".

My youngest is hard of hearing/deaf and for obvious reasons I will not allow him too far out of my sight but now cant let him out at all due to her incessant outbursts.

[Fay Mousse]

Take comfort in the fact it is only temporary in the great scheme of things, it is only one van and not half a dozen rotting projects of old bangers and it's not interfering with your life.

I assume the van is gone at least part of the day most of the week - it could be an old caravan that is only moved one weekend a year.

If it does smell very bad and is leaving traces of fish you could contact environmental health - but really this sort of thing gets out of hand very quickly. They can make your life prettty miserable and stay within the law.

Try and step back and take an objective view.