Parking commercial vehicles on estate

You would probably need legal advice as it’s the the party with the benefit of the covenant that can enforce it but who that is will depend on particular circumstances. Could be the developer or the home owners.

We visited a new build estate recently, there are several Covenants that are in place for 5 years.

This includes things that you can do with your gardens, extensions and extra parking. We didn’t go into details as we weren’t going to go further with the property.

The 5 years is so that prospective purchasers will see the site as it was intended, after 5 years the gloves are off!

Our deeds have this too, it’s an estate over 40 years old, loads of work vans parked in driveways, no one is that bothered about it.
To answer your question who enforces the covenant, a quick Google says other residents, you’ll need a solicitor.

I live on a small development built 30 years ago. We are never allowed to have pigs, poultry or pigeons! Keeping commercial vehicles and caravans by residents onsite is prohibited, but as a small friendly estate no-one objects to one family bringing their caravan from storage to load up/unload for holidays, even if it’s here overnight. A resident who did have a liveried van parked it at the mouth of the estate overnights, out of view of the houses.

Its very common to have a covenant stating no works vehicles or caravans be parked up on driveways some state vehicles can be parked behind the build line if you have a drive that runs up the side of the property but that very seldom happens.

Thank you for your responses, much appreciated.

It depends on the wording of the covenant whether residents on the development can enforce it or only the original developer. You need to see a solicitor.

A few days ago a cf new neighbour knocked on my door, and started rabbiting on about how many cars and a van they had which would not fit on their forecourt. Could they use my drive as I "dont have a car?".

Told them I would "think about it" but it probably would not work for me as it would be an infringement of my privacy. I would have to contact my mortgage provider, insurer and solicitor to find out the legal position if the vehicle was damaged or caused damage while there.

I would also want a binding agreement drawn up by my solicitor (they would have to pay for the legal work) plus a commercial rental and therefore "it would not be a cheap option" for them.

"Perhaps we had better leave it then."

"Yes I think so. Why dont you ask the nice couple at no 3? They dont have a car either."

The "nice" couple have stolen my mail, fly tipped on my lawn and sent work people onto my property without my permission. Im sure they would be happy to have someone's car or van on their drive.

BTW, I keep my garden gates padlocked so good luck with getting you car onto it.

I used to live in a converted Wesleyan Chapel. The deeds said we were not allowed to use the place for dancing!

We have a taxi firm park in their drive minibus etc. but they get away with it .

If you move house from an estate with covenants the conveyance get you to take out insurance policies to cover them. It's a racket.

No it’s not a racket! Insurance is taken out if you’re moving to a property where covenants have already been breached in case someone tries to enforce them against you. The insurance doesn’t cost much, and generally the seller pays, but if there was an attempt to enforce the covenants and you weren’t insured it could wipe you out.

It is a racket solicitors are making a fortune on making you insure every little thing. We got so fed up with the growing list which included the TV a risk DH said Ok I'll take it down. The solicitor said Ok then and didn't insist on the insurance. On this estate people who are moving have been told they have to insure the drains. Who enforced these covenants regarding commercial vehicles and caravans anyway. Who is coming round to check?

TV arial!

The insurance on our latest move was hundreds of pounds.

We had covenants on our estate but it is over 20 years old now and most are not enforced eg wooden windows etc. one guy does park his works van on his drive but I don’t think anyone is bothered.

Happygirl79

I used to live in a converted Wesleyan Chapel. The deeds said we were not allowed to use the place for dancing!

gosh how miserable I hope you ignored it!

It sounds like your insurance covered a lot more than covenants that had been breached Bertha and nobody can make you take out insurance unless you’re getting a mortgage, where the lender will insist on it. Btw solicitors don’t make any money out of getting indemnity insurance for clients. The insurers set and take the premiums.

Just out of curiosity @Germanshepherdsmum who IS liable if another vehicle is "renting" your drive? The owner of the vehicle or the owner of the property? Or does it depend upon what/where the damage is?

I think this is a potential minefield.

I know there are companies you can join to rent out your drive so I imagine they would organize those aspects.

Some are pretty tightly enforced- such as the Poundbury estate in Dorset - so obviously it IS possible.

At one time works vehicles had to be returned to the depot, but no one seems to bother now. If people park their works van on their drive, that is reasonable, but frequently they are left in the road, and block light from other residents' windows.
I think covenants are an excellent idea, but I wish they included motor homes as they are so large, take up so much parking space and are rarely moved.

We weren't getting a mortgage and we had to take out the insurance or the buyer would have pulled out. We know our conveyance was getting a percentage.

Where I live, it prohibits caravans, but our properties were built 50+ years ago. I think it applied to live-in caravans.

One or two residents park their holiday caravans on their drives. No idea how any of it would be enforced if you wanted to.

Ah, so you were selling. Now I get it. Perhaps your buyers were getting a mortgage. If there are things to be insured against, and there obviously were, then the seller is expected to pay. Funny that my partners and I never got a penny from the vast numbers of insurance policies we took out for clients.