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



The Oldman

I like the Hat
NSC Patreon
Jul 12, 2003
7,102
In the shadow of Seaford Head
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

Well-known member
NSC Patreon
Mar 27, 2013
52,024
Burgess Hill
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.
 




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patreon
Oct 27, 2003
20,938
The arse end of Hangleton
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

Well-known member
Jan 21, 2011
1,237
Portslade
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.
 






hans kraay fan club

The voice of reason.
Helpful Moderator
Mar 16, 2005
61,094
Chandlers Ford
The ones in my road, ban (front garden) fences over 4 feet high, and the keeping of chickens or ducks.

:shrug:
 


The Oldman

I like the Hat
NSC Patreon
Jul 12, 2003
7,102
In the shadow of Seaford Head
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

Well-known member
NSC Patreon
Jul 11, 2003
73,382
West west west Sussex
The ones in my road, ban (front garden) fences over 4 feet high, and the keeping of chickens or ducks.

:shrug:

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.
 




neilbard

Hedging up
Oct 8, 2013
6,245
Tyringham
The ones in my road, ban (front garden) fences over 4 feet high, and the keeping of chickens or ducks.

:shrug:

That's Quackers! unnamed.png
 




Gazwag

5 millionth post poster
Mar 4, 2004
30,093
Bexhill-on-Sea
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.
 












dejavuatbtn

Well-known member
Aug 4, 2010
7,128
Henfield
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

Well-known member
Oct 21, 2016
4,718
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
 






HalfaSeatOn

Well-known member
Mar 17, 2014
1,885
North West Sussex
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...
 



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