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F E Smith
F E Smith, Advocate
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Experience:  I have been practising for 30 years.
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We live on an estate in the south east. The houses are small

Resolved Question:

We live on an estate in the south east. The houses are small and roads are narrow. The road was laid out so that our neighbour's drive crosses in front of our window and goes up to the side door of his house. There is a restrictive covenant in the deeds preventing parking of commercial vehicles on the estate except when maintenance work is being carried out. Our neighbour has acquired a large van and parks it on his part of the drive which is exactly outside our window. It is so large that it is blocking our light and he sometimes leaves it there for days at a time. We have asked him politely to park it across the road or round the corner but he has refused. Can we invoke the restrictive covenant to prevent him parking in such an inconsiderate manner? We want to sell the house but we are afraid no one will buy it with a huge van constantly parked outside the front window.
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

It depends on when the covenant was put in place whether you can enforce it or not but generally, these covenants on e state developments are what are called “estate covenants” and are enforceable by each property owner against all the other property owners.

There is an argument as to whether a small van is a commercial vehicle or not and even some relatively large Transit size vans are still taxed as Private Light Goods.

However for the purposes of the covenant, a commercial vehicle is a commercial vehicle if it’s used for commercial purposes.

You might want to get a solicitor to write to him saying that if he doesn’t stop parking the vehicle where it’s parked, in breach of the covenant, you will take him to court for an injunction to stop him parking and you will ask the court to award legal costs against him. Hopefully, the solicitors letter will do the trick otherwise, you will have to make the injunction application.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience: I have been practising for 30 years.
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Customer: replied 6 months ago.
Thank you for your advice. I'll go and talk to a solicitor. I think we have exhausted the polite and reasonable route as the neighbour is being totally unreasonable.Many thanks.

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