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Restrictive covenants

14 replies

whydidihavethisbrightidea · 06/10/2020 21:16

So made a decision to move back north, closer to the family

After a weekend of viewings ( long distance house buying isn't easy ) we found something that seemed grand ( we could both compromise on) - a new build. We talked to the developer ( local guy, not national chain), made a point of asking about the driveway as we have a camper van and wanted to check it would be big enough ...easy ( small van )

Anyway, someone then said they thought there would be a restrictive covenants against parking campers on the driveway

How likely is it that the developer isn't aware of them ? Would fail to mention this during the discussion ?

OP posts:
Africa2go · 06/10/2020 21:28

Did you mention it? A developer might not know the ins and outs of the lease and the legal provisions.

I come across leases with work and I've just had a quick look at one - it says the car parking space can only be used for private motor vehicles, motorbikes or a black cab and cannot be used for caravans, boats or similar items. Its a pretty standard clause.

I think therefore that you need to see a draft lease, see if there is any reference to campervans or go back to the developer and just be upfront about that you want to do.

whydidihavethisbrightidea · 06/10/2020 23:03

Thanks.
Oh dear,,now searching for idea of costs to consider offer for a doer upper instead
Less good village but plenty of vans in the area

OP posts:
How2Help · 06/10/2020 23:10

I live on a new build estate (in The North Smile) which is still very much being built so still a big presence of builders/sales people on site (large national builder). Loads of restrictive covenants including the caravan one. Also a couple of caravans on drives. I’m not sure what would happen if someone complained. Don’t really seem worth the paper they are written on (which doesn’t bother me, just an observation).

HaggieMaggie · 07/10/2020 06:13

My house is 30 years old and has this restrictive covenant. Tbf, when NDNs daughter moved back home for a year and brought her campervan we tried to be tolerant as she was only back temporarily. Her year turned to two and that campervan was the Bain of my life. I couldn’t believe how much light it freed up from our front when she finally buggared off, not even considering how fugly the front of the house looked.

Sorry but there is a reason for these rules. All caravans, boats and camper homes should be parked out of sight IMO 😂

MinnieMountain · 07/10/2020 06:54

It's a pretty standard covenant. If the developer is still around, don't risk it.

Pickpick101 · 07/10/2020 07:06

Those are there until the last house is sold then the developer wouldn't be bothered with enforcement.

whydidihavethisbrightidea · 07/10/2020 07:11

But if it's the developer that normally wants it, why did they not say so when we asked specifically about parking the van? Untrustworthy?

OP posts:
Pickpick101 · 07/10/2020 07:20

It depends who the someone was that said it might apply ?

stealthmama · 07/10/2020 07:27

A camper van could be classed as a private motor vehicle. The issue with caravans is that they are static otherwise.

We have s restricted covenant but everyone has campers and some have caravans where the drive goes down the side of the house.

The covenants are rather old and you could find this in any house you buy. It wouldn't put me off.

DameCelia · 07/10/2020 07:28

No @whydidihavethisbrightidea, it doesn't mean they are untrustworthy, they are the developer, not the conveyancer. They do the building and leave 'all that legal stuff' to someone else.
The covenants on vehicle parking are standard and will be suggested to the developer, although he/she could instruct that they don't want them.
The covenant runs with the land, @Pickpick101 it applies regardless of who lives there, so any neighbour can enforce it long after the developer has moved on to another site.

Pickpick101 · 07/10/2020 07:36

I thought it was only certain types of covenant neighbours could enforce ? Some will have no sky dishes . I imagine the number of neighbours that have used a covenant successfully must be vanishingly small.

MinnieMountain · 07/10/2020 09:10

To be sure, you need a copy of the Transfer (TP1) from when the house was sold as a new build.

NachoNachoMan · 07/10/2020 09:12

@Pickpick101 is correct. We used to live on a new build estate (we bought a 5yr old house from the original purchasers) & we asked our conveyancing solicitor about this when he told us about the covenants. He said the developers won't care once the last house on the estate has sold.

EvilPea · 07/10/2020 09:14

Having bought a new build (admittedly a while ago)

They will tell you whatever you want to hear.
Our house was meant to be on a cul se sac, there was meant to be a nature reserve and a school.

None of these things materialised.

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