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Restrictive convenant re parking

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  • Restrictive convenant re parking

    Can anyone here help me please?

    I recently moved into a brand new house which has a covenant that says vehicles must not park on the estate roads. I was happy to comply with this as the estate roads are very narrow and easy access and parking on my own driveway was of particular importance to me.

    However I find that the neighbours on both sides of me and opposite me and not showing this covenant any consideration at all and because of the narrowness of the road are making access to my driveway to park my car very difficult and in some cases impossible.

    I have complained to the developer as as far as I am concerned it is their clause and they should enforce it, otherwise what was the point in putting it in the transfer.

    To make matters worse because the estate Isnt finished there are only temporary road surfaces and high kerbs. With these and the parked cars on the road, any attempt to access my driveway is causing damage to my car.

    I should point out each house has a driveway which will take two cars

    Can anyone offer me any advice please and am I within my rights to keep pushing the developer?

    Thanks in advance

  • #2
    Re: Restrictive convenant re parking

    Have the roads been taken over by the Highway Authority yet?
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Restrictive convenant re parking

      Thanks for your reply Richard.

      No, that is about 12 months away

      Thanks

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      • #4
        Re: Restrictive convenant re parking

        Hi Njm,

        I suspect the developer only put the covenant in place as it was a requirement of the planning department to grant building along the narrow road.

        To force the developer to act, I suggest contacting the local planning department as ask them if planning was granted only if the road is clear. To make the argument clearer, take pics to suggest if emergency ambulances etc can get past.

        If you make this complaint and the planning department agrees, then the developer will act to protect their granted planning permission on future houses they are still building.

        Kind Regards,
        Randeep
        Randeep Mann

        Want to Rent or Sell quickly? I can help.
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        • #5
          Re: Restrictive convenant re parking

          Thanks for your answer Randeep.

          I will give them a call on Monday

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          • #6
            Re: Restrictive convenant re parking

            Hi Njm,

            I suspect the developer only put the covenant in place as it was a requirement of the planning department to grant building along the narrow road.

            To force the developer to act, I suggest contacting the local planning department as ask them if planning was granted only if the road is clear. To make the argument clearer, take pics to suggest if emergency ambulances etc can get past.

            If you make this complaint and the planning department agrees, then the developer will act to protect their granted planning permission on future houses they are still building.

            Kind Regards,
            Randeep

            Sounds like quite a good practical solution, hoping the Council will put pressure on the builder. Certainly worth trying - some builders get away with too much!
            RICHARD WEBSTERwww.rwco.co.uk
            As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

            Comment


            • #7
              Re: Restrictive convenant re parking

              Thanks Richard. If that fails what are my further options? I am reaching the end of my tether with this as The parking clause is important. A house without access to the drive and garage is useless to me.

              Thanks

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              • #8
                Re: Restrictive convenant re parking

                Once the road has been taken over you can ask the Council to make an order restricting parking - with yellow lines etc - that will be more effective in practice. Arguably they can make an order on a road that has not yet been adopted as a highway as I think you will find that Traffic Orders can be made on "highways or roads to which the public have access...."
                RICHARD WEBSTERwww.rwco.co.uk
                As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

                Comment


                • #9
                  Re: Restrictive convenant re parking

                  You could also talk to the local Fire and Rescue Service and ask them whether they consider that it would cause them operational difficulties if they had to access any house in an emergency. Although they can't, as far as I know, apply any legal requirement in such a situation, I do know that thoughtless parking is a particular bugbear for firefighters and they are not backward at letting the police and Council know what they think. It would certainly add weight to your argument.

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                  • #10
                    Re: Restrictive convenant re parking

                    Thanks all. Lots of people to talk to. I'm determined to get this sorted one way or another. It is really distressing getting home and not being ale to get on my own driveway!!

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