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Covenant Restriction on Commercial Vehicle

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  • Covenant Restriction on Commercial Vehicle

    I wondered if anyone could offer any advice of the best course of action to take on a problem that is concerning both my Wife and I.

    Having lived alongside our current neighbour in our property since it was built in 1988, we now find ourselves confronted with new neighbours parking a large van directly in front of our lounge window. We live in a small close of 4 detached houses, but due to the layout, our neighbours driveway cuts across the front of our property about 4 meters from the window, therefore completely blocking the view, but more concerning, potentially reducing the value of our property or making it unsaleable. We are coming toward retirement ourselves, and had planned to move in the next 4/5 years, but fear this could be a real problem if not resolved. To make matters worse the property is being passed on to our neighbours son, as she recently lost her husband, and needs to downsize, by swapping properties with her son.

    When we purchased the property our solicitor notified us of several covenants on the estate. One being that commercial vehicles could not be parked at the properties.

    Not wishing to upset our neighbours, we are concerned how best to approach this. Obviously tackful discussion would be our preferred option, but in the event this fails to provide a satisfactory outcome, is this a problem best handled by a solicitor?

    Where can we obtain a copy of the original deeds. Our solicitor closed some years ago, and we have no idea where the original documents reside.

    Any help or advice would be very much appreciated.

  • #2
    Re: Covenant Restriction on Commercial Vehicle

    You can get copies of the property registers, title plan (if needed) and documents referred to in the registers (including the Transfer that imposed the restrictive covenants) from the Land Registry: https://www.landregistry.gov.uk/wps/...roperty_Search

    A solicitor can give you advice on the enforceability (or non-enforceability) of the covenants in your particular case. More importantly, they can also advise on threatening - and, if necessarying, issuing - court proceedings to abate the legal "nuisance" that your neighbours are almost certainly guilty of.

    However, before getting the solicitor to contact your neighbour, I suggest you speak direct to your neighbours. They may not realise the problems they are causing and, in any case, before going to court, you need to try all alternative means of abating the nuisance

    I hope this helps
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum


    • #3
      Re: Covenant Restriction on Commercial Vehicle

      Thanks Justin for the info/reply.


      • #4
        Re: Covenant Restriction on Commercial Vehicle

        I've purchase the info from the Land Registry, but it's very basic, and doesn't have any details other than owner and mortgage supplier.

        Who actually hold the original deeds, is it the Mortgage company ?


        • #5
          Re: Covenant Restriction on Commercial Vehicle

          Does it refer to covenants contained in some conveyance or transfer with a note saying "Copy Filed"? If so you have to get a copy of that.

          The Land Registry should have all the relevant information. With registered titles packs of "deeds" are not important so getting them won't make any difference.
          RICHARD WEBSTERwww.rwco.co.uk
          As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.


          • #6
            Re: Covenant Restriction on Commercial Vehicle

            There is no need for "deeds" now, following "dematerialisation"

            In the Charges Register, there should be an entry referring to a Transfer imposing restrictive covenants, with the words "NOTE: Copy filed" after the entry. If you get a copy of that Transfer, that will give you the wording of the restrictive covenants and your solicitor will be able to advise you as to whether or not you can enforce them
            This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum


            • #7
              Re: Covenant Restriction on Commercial Vehicle

              Thanks again for the replies.

              I've had a look at the Documentation, and it has the following:

              1 A Transfer of the land in this title dated 5 ***** 19** made
              between (1) ***** ****** Limited and (2) ******** ***********
              and **** ********** contains restrictive covenants.
              NOTE: Original filed.

              So I'll speak to The Land Registry to obtain this information.