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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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We have a restrictive covenant on our property deeds stating

Resolved Question:

Good evening
We have a restrictive covenant on our property deeds stating that no commercial vehicles and caravans are to be parked on the land. Would this also include the roads on our little estate which are public because one resident has taken to parking his large commercial van alongside our house instead of on his own driveway or on the road outside his property and another van owner is also parking here and he doesn't even live in this area?
They also park at night without parking lights and the police refuse to issue fixed penalty fines.
Regards
Margaret
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
Covenant states " No caravans trailers motor vehicles van lorries or other similar vehicles or objects other than private motor cars for domestic use shall be stored or left on any part of the Property" so I am unsure as to whether this includes the roads in front of and alongside the houses.
Expert:  F E Smith replied 7 months ago.

There is no need to have a vehicle which is parked inside a 30 mph speed limit, illuminated at night.

The covenant applies to the Property. Somewhere, in your deeds there will be a description of the Property and the extent of the Property.

It is likely to be the area edged red on the plan which is attached to the deed.

If you have a look at that, it will show you whether the covenant extends to the roads. I’m sorry to say that it’s unlikely. However it depends on exactly where this vehicle is being parked and whether it actually encroaches on part of the Private Property

Can I clarify anything further for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails.

Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 8975
Experience: I have been practising for 30 years.
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Customer: replied 7 months ago.
Thank you for your prompt reply.Actually they do have to have parking lights between sunset and sunrise regardless of the speed zone when over a certain weight and they are both over that weight. I have confirmed this with the traffic department and the police but the police are reluctant to issue the fines for some reason.Your advice regarding the covenant is very helpful, thank you. Unfortunately the red lines you describe are only around my property boundary and do not extend into the road so it looks like there's nothing can be done except pray that the police will do something sometime in the future if I keep nagging them.I have rated you 5 stars.Kind regardsMargaret

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