Covenants on houses

[Snowy Owl]

We live on a small estate built in the late 80s/early 90s. The developer has subsequently gone bust. All the houses have covenants on them regarding such things as keeping the front garden open plan and keeping them tidy. There is also one relating to not keeping commercial vehicles and other large vehicles such as motor-homes or caravans on one's drive or in the road.

How enforceable are these covenants? Several of us are unhappy with one particular household where there are commercial vehicles and a motor-home parked on or near the property the whole time.

If they are enforceable...how does one go about it, if not, what was the purpose of having them in the first place?

[Eve]

Check your purchase document - do you know if the property is freehold or leasehold, do you pay anything to anyone eg ground rent or rentcharge or for maintenance of the estate?

If so then they may be able to help or know who to contact.

If leasehold you should be able to find out who owns the superior title to the land from the Land Registry.

If freehold check the purchase document eg transfer to see who has the benefit of the covenants eg "Vendor" or "Developer" then check the definition eg xxx Ltd, is it them who have gone bust?

If you don't have a copy of it your solicitor lender might or you might be able to get a copy from the Land Registry for about �5.

Hope this helps!

[Eve]

Sorry, should have made that clearer, check the document when the property was originally sold from the developer to the first purchaser.

[buildersmate]

Quite often, the purpose of the convenant was demanded by the local authority as one of the conditions of granting planning permission for the development. The developer then seeks to assure that this will happen by making the requirement part of the transfer document between himslef and the end purchaser. [The one about no fences at the front is often like this - the developer couldn't give a monkey's - but the planning authority wants it like this].
I mention this only because the local authority MAY have an interest in helping upholding of these things. Phone and ask them. I did say MAY.

[Snowy Owl]

Thanks, Jenna and Builder's Mate. Both very helpful answers. Shall get on to checking the transfer document as it is a freehold property. Someone else did once say that the agreement was with the first purchaser only and the particular property we are concerned with is no longer with that first person.