Bizarre planning restrictions on our house
Discussion
When we bought our house, the solicitor made us aware of various planning restrictions that applied - some understandable such as no business vehicles or caravans on driveways (flouted by many including me on occasion), no speedboats, no cars in state of disrepair, no carports, no raised decking, and rather bizarrely no running of businesses from the premises and no keeping of spiders, snakes or other exotic animals!
Who is likely to be able to enforce these restrictions? Anyone got any other bizarre ones on their property?
Who is likely to be able to enforce these restrictions? Anyone got any other bizarre ones on their property?
gti tim said:
Splendid in that case - the developer who built our estate went bust after he built more houses than agreed, and was sued. So, i can have as many snakes or spiders or speedboats as i like, not that i wouldn't have anyway, but now i can and be legal too!
Does the going bust of the developer absolve you of the rights of the covenant? It may be the case that the other owners could still uphold the restrictions.grumbledoak said:
Depending on the development, some of the covenants will be conditions of sale of the land itself, and they don't vanish just 'cos the developer is gone. The landowner might also be able to afford good solicitors...
What's the mechanism for enforcing a covenant, and what penalties could be imposed on people breaking it?There are also ways of setting up covenants so that they are legal responsibilities to the other owners of the estate, so in theory your neighbours can sue you if you breach the covenant.
In practice they're rarely worth the paper they're written on. As a developer, I cant recall an occasion where we ever took legal action to enforce a covenant (though there have been plenty of instances where purchasers have backed down after a suitable warning letter). As previously stated, the developer generally couldn't give two hoots once the development is completed or sold, and if fellow property owners want to challenge you they'd run the risk of some pretty big legal bills.
The bigger issue, as others have said, is trying to sell the property if you have breached covenants and/or have to declare disputes with neighbours.
Personally, if anyone moved in next to me with a caravan, I'd just pour petrol through the letter box and flick a lighted match in, early one morning. It'd be a mercy killing.
In practice they're rarely worth the paper they're written on. As a developer, I cant recall an occasion where we ever took legal action to enforce a covenant (though there have been plenty of instances where purchasers have backed down after a suitable warning letter). As previously stated, the developer generally couldn't give two hoots once the development is completed or sold, and if fellow property owners want to challenge you they'd run the risk of some pretty big legal bills.
The bigger issue, as others have said, is trying to sell the property if you have breached covenants and/or have to declare disputes with neighbours.
Personally, if anyone moved in next to me with a caravan, I'd just pour petrol through the letter box and flick a lighted match in, early one morning. It'd be a mercy killing.
gti tim said:
Splendid in that case - the developer who built our estate went bust after he built more houses than agreed, and was sued.
You must live two doors from me. This estate also had covenants about caravans etc, the developer went bust, and some git parks his f
king great caravan on his front lawn and makes the place look like chavtown... just looked out the window - cant see any huge caravans! So not your neighbour (unless you're hiding in my hedge!). I don't mind caravans - mine is often on our driveway for a night or two before we go away, but then it goes back to storage straight after, more so the bloody 18t wagons the drivers keep parking outside because they dont want to drive to their yard before they start driving
Edited by gti tim on Saturday 2nd May 19:58
GreenV8S said:
What's the mechanism for enforcing a covenant, and what penalties could be imposed on people breaking it?
No expert, I'm afraid; but I've bought a flat and had to read all the conditions, etc. I'd expect it to be a civil matter, and the courts to order compliance at your cost. Enough non-compliance, and you'd presumably be in breach of contract. So, at worst, slung out.Not sure it often gets that far, mind.
Happy enough to be contradicted if 'someone who knows' comes along...
gti tim said:
just looked out the window - cant see any huge caravans! So not your neighbour (unless you're hiding in my hedge!). I don't mind caravans - mine is often on our driveway for a night or two before we go away, but then it goes back to storage straight after, more so the bloody 18t wagons the drivers keep parking outside because they dont want to drive to their yard before they start driving
If they are 18T trucks on the road, then they must have sidelights on overnight, and more to the point, if its happening on a regular basis then VOSA will be interested. Generally the only time an HGV can be kept away from its operating centre is when the vehicle is on a "night out".Edited by gti tim on Saturday 2nd May 19:58
If it has no lights on, then its a traffic offense, so maybe a quiet word to the BiB might see some action in that regards...assuming they are parked on the road that is.
HTH
Edited by Amused2death on Saturday 2nd May 20:32
grumbledoak said:
GreenV8S said:
What's the mechanism for enforcing a covenant, and what penalties could be imposed on people breaking it?
No expert, I'm afraid; but I've bought a flat and had to read all the conditions, etc. I'd expect it to be a civil matter, and the courts to order compliance at your cost. Enough non-compliance, and you'd presumably be in breach of contract. So, at worst, slung out.Not sure it often gets that far, mind.
Happy enough to be contradicted if 'someone who knows' comes along...
It is a civil matter, but when i said "difficult to sell" read ££££££££ as the buyers solicitor will most likely insist that all covenents are conformed to.
Edited by anonymous-user on Saturday 2nd May 20:43
Edited by anonymous-user on Saturday 2nd May 20:44
Yup, i have very similar restriction on my house, i cant run a business from home or park a commercial vehicle there (even though i do)and the front gardens have to remain open plan!
I seem to remeber these restrictions being written in with the ground rent thingy, i remember reading them on some legal looking document when we bought the place but that was a while ago, i dont remember which document exactly.
I seem to remeber these restrictions being written in with the ground rent thingy, i remember reading them on some legal looking document when we bought the place but that was a while ago, i dont remember which document exactly.
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