[Misc] How enforceable are conditions in a property's Title Deeds?

[The Oldman]

In our road the title deeds to all properties ban the parking of commercial vehicles, caravans within the boundaries of each property. We have one neighbour who has taken to park a large caravan in the front garden and does not seem to care that he has upset all his neighbours.

The original developer of the road who laid down the restriction has disappeared so is there anything we can do?

Be grateful for any advice.

 

[dazzer6666]

Loads of online articles covering similar circumstances.........these, and based on discussions we had with the solicitor when we bought our place (there is a similar covenant but we have a few commercial vans, at least one caravan and a boat on various driveways in the close) suggest the covenants are pretty much unenforceable unless you can demonstrate they are causing a real nuisance. It's most likely the covenant was put there by the developer to stop people doing it while the houses were being built and putting off other buyers......

Other than being a bit of an eyesore, how is it upsetting everyone ? If it's causing an obstruction you might be able to do something about it - and I think if there is someone living in it you'd have a much stronger case. Council planning dept would be first port of call in any event I'd guess.

 

[Justice]

Sounds like curtain twitching street.

 

[Westdene Seagull]

As has already been asked - HOW upsetting is this ? Our street has a term in the deeds that says no fences can be over 4 foot high - loads of people have 6 foot fences. I suspect you could try and enforce it via a court case but it would probably cost you a fortune with no certainty of winning. It would probably make you slightly unpopular as well !

 

[LadySeagull]

In our road the title deeds to all properties ban the parking of commercial vehicles, caravans within the boundaries of each property. We have one neighbour who has taken to park a large caravan in the front garden and does not seem to care that he has upset all his neighbours.

The original developer of the road who laid down the restriction has disappeared so is there anything we can do?

Be grateful for any advice.

I'd only be bothered if he was flying Palace flags from the caravan windows.

If you are all freeholders of your own properties then there is no-one to 'report' him to. Different if you are leaseholders with a Managing Agent.

 

[schmunk]

the covenant was put there by the developer to stop people doing it while the houses were being built and putting off other buyers......

This - it's very common (if not ubiquitous).

 

[hans kraay fan club]

The ones in my road, ban (front garden) fences over 4 feet high, and the keeping of chickens or ducks.

 

[The Oldman]

Thanks everyone. All our small front gardens are open plan with no fences or hedges on the front boundary. Our small street is a cul de sac and all properties are bungalows. The caravan is a big tourer which is parked parallel to the bungalow. I guessed the answer would be not much you can do.

 

[Stat Brother]

The ones in my road, ban (front garden) fences over 4 feet high, and the keeping of chickens or ducks.

We have to have a white road.

If anyone can help me understand that one I'd be very happy, because I haven't got a fudging clue why.

 

[Worried Man Blues]

The ones in my road, ban (front garden) fences over 4 feet high, and the keeping of chickens or ducks.

Chickens can reach 3' 9" with a run up

 

[neilbard]

The ones in my road, ban (front garden) fences over 4 feet high, and the keeping of chickens or ducks.

That's Quackers!

 

[Gazwag]

Thanks everyone. All our small front gardens are open plan with no fences or hedges on the front boundary. Our small street is a cul de sac and all properties are bungalows. The caravan is a big tourer which is parked parallel to the bungalow. I guessed the answer would be not much you can do.

Our next door neighbours parked one on their drive for almost a year, our deeds say similar to yours but there seemed to be nothing we could do. Only effected us and no other neighbour as it took away loads of light from our front room as their drive (room for one car) is just to the right of our front door. They moved it eventually and are now moving.

 

[half time scores]

The ones in my road, ban (front garden) fences over 4 feet high, and the keeping of chickens or ducks.

That's your sex life gone for a Burton

 

[Justice]

Joking apart have any of you spoke to the criminal neighbour with the caravan?

 

[dazzer6666]

Joking apart have any of you spoke to the criminal neighbour with the caravan?

No but some have stared at him, and quite a few have tutted loudly as they walked past. Some even harrumphed and rolled their eyes.

 

[Billy the Fish]

There's something a bit wrong about these types of rules.

No commercial vehicles please, we don't want those awful tradesmen on our street. Modern day snobbery

 

[dejavuatbtn]

Our next door neighbours parked one on their drive for almost a year, our deeds say similar to yours but there seemed to be nothing we could do. Only effected us and no other neighbour as it took away loads of light from our front room as their drive (room for one car) is just to the right of our front door. They moved it eventually and are now moving.

We’ve had an unused kebab van stuck on our neighbour’s driveway that adjoins ours for over two years. It was supposed to be a temporary thing so we didn’t have a problem him having to walk on our side to get to his garage. Patience is now wearing thin and subtle hints aren’t working. Will be going into advanced mode before long.

 

[Live by the sea]

Caravans in a residential street are an eyesore and give a bad impression of the road so i suspect the developer didn’t want any parked there if he was hoping for middle class buyers. Difficult to enforce if the builder is no longer around - you might be able to take it to the councils planning dept and complain that this is not permitted on the deeds. I wouldn’t be pleased as it certainly won’t help with house prices in your road

 

[Live by the sea]

There's something a bit wrong about these types of rules.

No commercial vehicles please, we don't want those awful tradesmen on our street. Modern day snobbery

Maybe snobbery but does affect house prices in a negative way

 

[HalfaSeatOn]

I’m pretty sure house sellers are legally required to declare compliance with covenants so might be some leverage there. Either that or sorry to hear your fence, van, chicken run etc got damaged but probably not worth pursuing as shouldn’t have been there anyway...