Covenants re parking

[Janjay]

We have just purchased a house. There was a covenant saying that we could not park a commercial vehicle on our own drive. I phoned the original developers and they said they did not police it or enforce it and as far as they were concerened it wasn't a problem they said if the neighbours complained i could give their number and they would confirm this. The house was built 1971. Howerever in this covenant it said that if the vehicle belonged to the occupier and was used personally and parked temporarily it was ok! Well we are self employed the plain white transit van is used by my partner alone to take his tools and himself to where ever he is working that day. Mon to Fri it is on our drive 7 at night sometimes later to 7 in the morning saturdays it may be there half the day sundays most of the day, can this be classed as temporary? Also though it is not said in the deeds or land registery that it is a 'building scheme' it may be deemed as one. The land registery says that the neighbours can enforce. Can they? Our van would be far more conspicuos in the road parked outside our house! The road is adopted but the neighbours say we must park down the road! On day one the one neighbour told us we would not fit in as the road was all pensioners and that they had all been there since the houses were built. Its a 4 bed house we have a 7 year old and there are no other children in the road. On the day we moved in another neighbour made our removal van move! We had the same covenants at our last house, nobody bothered and we had retired neighbours too with no hassle! Help!

[Stu Dent]

I would class your parking arrangements as permanent due to the regularity of your commercial vehicle being parked on your drive, and yes, the neighbours could (with a court order) enforce the covenant/burden. The condition is a common one aimed at keeping the value and quality of the development high. Personally I think it's daft and a licence for busybody neighbours to go on a power trip, but that's just me.

It is possible that you could pay a sum of money to have the condition discharged, but this event is unlikely without the consent of your neighbours. The court or lands tribunal could decide though that the condition is sufficiently vague and therefore is unenforceable. Afterall, the condition is not a complete prohibition on commercial vehicles being parked on drives.

My advice would be to keep parking there and wait to see what action your neighbours take.

[Janjay]

Thank you Stu are you a litigator?

[Stu Dent]

Your welcome. I'm a recent law graduate with ambitions to enter the legal profession.

[Janjay]

Well I sincerely hope you get all you wish for! thank you again.

[Janjay]

Some of the other neighbours are breeching covenants though not parking ones, are they able to congregate and victimise just us with this?

[Stu Dent]

Thank you. it is up to the individual neighbour to decide if they want to ignore or challenge any breach of the title conditions. There is nothing tht prevents your neighbour ignoring one example of a breach and challenging another. You have the same rights as they do though and might decide that if you are challenged then you could respond similarly.

But it's probably best for now to ignore your neighbours and put the ball in their court. Personally I'd have more to worry about than someone parking an unlettered Transit van in someone's drive, but if your neighbours have plenty of time on their hands, they might decide to take action against you.

[bednobs]

personally i would park it on the road outdise their house then see what they would prefer!
You say it is an adopted road - does that mean its council maintained? If so your tax disc would entitle you to park outside their house (unless there were yellow or a dropped kerb or you caused an obstruction)

[Janjay]

Hello there

Yes I can park outside my house, their house or anywhere in the road where it will be more on view! Mad isn't it?

[Info Bank]

Park on the road ... Give them the Choice.... On the drive or block there view ... Let them take it to a legal situ ... Find out who there Voice is ... Park the van in his/Her Line of view ... Bet he /she wants it in your drive ... After that......as it worries them more if they cant watch other Neghbours.

[Janjay]

Their voice is my next door neighbour, he got a petition together with signatures but no printed names or adresses so could be anyones signatures! Also no contact name and address so we can respond! However I been busy on the net and have found three limited companies operating from addresses in my road, with the directors signatures on the petition! A covenant in our road says no business on the property so they are all in breech but no one is saying anything to them. We are being victimised by snobs who look down on white van people when in reality we are professionals with honours degrees who make a better living by working on properties! I am going to wait til someone makes themselves known, ask them to re-do their petition to include name in print with address, inform them that as they have instigated dispute with a neighbour they must advise their solicitor by law should they sell their house and finally if they do attempt to enforce we will submit claims against those running businesses at home! We may not actually be in breech but they certainly are! Surely! Thanks everyone for your contribution!

[Annlinda]

We used to live next door to a man who had a transit parked on his drive, no problem with that but every morning at 5.30am he would start it up and let it run for at least 10minutes before driving off. It was a noisy rattly diesel.I am ashamed to say I was pleased when he lost his driving job and the van went.

[bednobs]

in my opinion you are in breach of the covenant. your van is not there temporarily (which might in my opinion cover such things as parking it on the drive while you popped in for a wee or to pick up tools etc) However my previous advice t park it outside neighbours house starting from today still stands!

[Janjay]

And what of the petitioners who are running limited companies from their houses and are in breech also? What's good for the goose maybe? The van is not noisey and is never sat and run or rev'd up

[bednobs]

im not saying anything about the other people, just stating my opinion that your van parking isn't "temporary" so i dont think you could get away with saying it was

[Janjay]

no problem! Thanks for your help