Restrictive Covenants

[SueEllen]

It's enforceable by your neighbours regardless of the status of the developer.
You could be sued for damages.

Some of the covenants I have

Cannot repair televisions (1970)
Cannot sell confectionery (1970)
Cannot make clay bricks (1850 ish)
Must allow neighbours access to herd pigs if in transit (1600 ish)

A shiny pickup without advertising is likely to be fine. Even one with advertising may be OK.

People seem to have a massive problem with trades vans. So a Pimilico Plumber who use to live on a private estate near me use to have to park his van on the public highway over night. There as another trade got away with parking his van on his drive as it was hidden from others view by trees, bushes and the gate.

A friend's husband while they lived on another private estate was at war with one of his neighbours for the few times he randomly took another trade's van back. There as round the corner from them, the owner of a diving company with 2 shiny pickups with advertising on it is still parking their vehicles there and apparently had no problems.

[Paddy]

Yes, the neighbours. One of whom is a tub thumping, interfering old bint so if there's something to complain about, she'll complain.

It's enforceable by your neighbours regardless of the status of the developer.
You could be sued for damages.

Some of the covenants I have

Cannot repair televisions (1970)
Cannot sell confectionery (1970)
Cannot make clay bricks (1850 ish)
Must allow neighbours access to herd pigs if in transit (1600 ish)

[northernladuk]

Yes, that's kind of what I was thinking.

I had this issue with a flat I was letting out. The lease said the same thing and was enforced against a renter with a white van with ladders on the roof etc man that rented another property. The management company used that clause to stop him parking there even though there was a couple of pickups, 4x4's and one of those T4 camper van things that were ok.

[Big Blue Plymouth]

That's there really to stop white van men, box vans, taxis and the like. Means there will be less issue with burglary and issues with insurance of business stuff. You normal pickup family vehicle should be OK.

Yes, that's kind of what I was thinking.

[northernladuk]

No vans or commercial vehicles. Was thinking of getting a pick up. Not even sure it qualifies as a van so may not be an issue.

That's there really to stop white van men, box vans, taxis and the like. Means there will be less issue with burglary and issues with insurance of business stuff. You normal pickup family vehicle should be OK.

[Big Blue Plymouth]

So it's not necessarily the bust builder who can raise objections, it's your neighbours or whoever took over from that builder (if anyone did).

If they've gone bust, take out indemnity insurance

Here

Yes, the neighbours. One of whom is a tub thumping, interfering old bint so if there's something to complain about, she'll complain.

[Mordac]

I need to ask this on a property law forum but CBA to find one and register at the moment so testing the water here instead.

Bottom line is how enforceable are restrictive covenants put in the deeds of a property by a developer that has gone bust?

If a covenant is on the deeds, there's fairly close to nothing you can do about it. I'm guessing this is about "change of use" of some sort?

[Big Blue Plymouth]

Other people can enforce them.

What sort of restrictive covenant is it?

No vans or commercial vehicles. Was thinking of getting a pick up. Not even sure it qualifies as a van so may not be an issue.

[eek]

google gives me Conquering restrictive Covenants | Harrison Drury as a first post.

Hint they can still be relevant but may not be legal in the first place. Find your deeds and find a lawyer...

[BrilloPad]

I think NLyUK is an expert on restrictive covens.

[AtW]

Have you asked your accountant?

[BrilloPad]

Other people can enforce them.

What sort of restrictive covenant is it?

[MarillionFan]

I need to ask this on a property law forum but CBA to find one and register at the moment so testing the water here instead.

Bottom line is how enforceable are restrictive covenants put in the deeds of a property by a developer that has gone bust?

So it's not necessarily the bust builder who can raise objections, it's your neighbours or whoever took over from that builder (if anyone did).

If they've gone bust, take out indemnity insurance

Here

[Big Blue Plymouth]

I need to ask this on a property law forum but CBA to find one and register at the moment so testing the water here instead.

Bottom line is how enforceable are restrictive covenants put in the deeds of a property by a developer that has gone bust?