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Contact Network rail anonymously?
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Regardless of any covenant this covers the legalities of the matter ............... tinyurl.com/28kwwa
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L\'escargot.
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L'escargot - if the estate has a covenant on it it's possible that the roadways are un-adopted, and so the LA will have no powers.
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You'll find your new GTAs excellent turning circle will help in this matter.....nt!
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This time last year I had grief from a very VERY difficult tenant who lived in the the other half of my semi. I won't bore the BR with details but he was in breach of the covenants which apply on my estate, where the roads are adopted. He had 3 vehicles and a big trailer and was parking one of them on some grass in front of my house. Raised the matter with him and got verbal abuse and was assaulted. Checked the covenants re parking; only on the drive + no parking in front of the building line of any house. Raised the matter with the letting agents and he was given notice to quit within 48 hours!
I appreciate that if you are having problems with an owner, rather than a tenant, your only recourse may be a solicitor's letter. A photograph ent to your local police might result in a visit but could this action be traced back to you and would it bother you if it did?
Summary = covenants and the adoption of roads are not related or connected SFAIK
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L'escargot - if the estate has a covenant on it it's possible that the roadways are un-adopted, and so the LA will have no powers.
I didn't see that one coming ! ;-)
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L\'escargot.
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Covenants or Burdens as we have in Scotland are very difficult to enforce as I have tried previously to do so and found it a fruitless task with no one seeming to know who enforces them, yes a lawyer may help but legal costs court time could go on and on costing you a fortune. It seems the only way to do this really is to get the whole street behind you for support and split costs, but as you will probaby find the other residents dont want the hassle or expense. Good Luck.
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You`re on better ground if its a council estate, I would be very reluctant to even risk a dispute with private property.
I know someone who stirred up a neighbor over a trivial affair and now cannot market his house.
They are both effectively locked into their property as they cannot sell without declaring a neighbor dispute.
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Honeybear, I beg to differ! The covenants exist and are binding on all occupiers of all houses to which they apply, whether owners or tenants. The problem is enforcement; the developers agree that these things exist and can be applied but enforced by whom? A solicitor's letter is a starter which may work. It is possible that, if you have paid the small extra premium required, your household insurance will fund legal action is a matter like this.
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if the OP cannot even be bothered to speak to the van driver, I wonder why he he is posting about a restrictive covenant?
teh restrictive covenant is probably enforceable by any of teh momeowners, including the OP.
If he was going to rely on it, he should collect his evidence (photos etc), get a solicitor to write a letter before action, and then instruct the solicitor to sue for an injunctio.
He would have to brace himself for big bills though.
He would probably tehn find that even if teh van was no longer parked on the estate, the neighbour would find some other way to cause trouble, and the OP woul dstart wishing that he had never started the trouble in teh first place.
The OP would then want to move, sould have to declare teh dispute to any purchaser, and would find the value of his house slashed as a result.
I therefore think the OP is right to take a "softly softly" approach.
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if the OP cannot even be bothered to speak to the van driver, I wonder why he he is posting about a restrictive covenant?
Because he knows nothiong about then, and was just interested in how they work.
And PR, you're dead right, but the Coupe isn't exactly a tight turner, so hopefully I'm well trained for it!
I pick her up tonight, very excited!
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The whole point of restrictive covenants is to stop residents foisting their own lurid fantasies on their neighbours. My covenant (in a 1930's semi) is that I am unable to have a fairground merry go round in my garden. Damn! Most have covenants restricting the height of your fences, especially to the front to a level of no more than something like 3ft. We have Asian Gate syndrome here where I live. A large number of our wealthier and professional asian neighbours have the most ornate and high fencing to the front with electric gates (on a semi with a 15ft front garden) All have black metal work with gold spear tops, 6ft tall or more in some cases and security buzzers so you can't even approach the front door. In my view, when you buy a house, you are advised as to what the restrictions are....so you shouldn't just do as you please. After all, I haven't wacked a noisy fairground ride into my garden....yet!
You might say peoples individual freedoms are being eroded by not being able to do as you please, but these things are set to avoid upsets in a close community. All tastes are different, and you could say it makes for a more diverse exciting and even entertaining world. One neighbour opposite me has struck green tiles on his roof amongst a street of red ones. No covenant prevents it, no planning permission issues either. So, not my taste, but fair enough....I don't have to look at it tho' it offends my eye.
Is it something to get upset over? dunno, I try to remain sanguine move on in my own world. It's annoying when people take the P and thumb their nose at their neighbours.......but just chill.
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A lorry of the size the OP describes is pushing it some, but is a blanket prohibition on commercial vehicles any longer justifiable?
It seems to me that this is a restriction rooted in the time when the homeowning middle classes did not want "trade" lowering the tone of their neighbourhood.
Since the seventies property ownership has become the norm, irrespective of occupation and changes in employment mean that progression from the shop floor to the managers restaurant is no longer a route for the ambitious. Plumbers may well earn more than I do as a middle manager on the Civil Service.
My neighbour works in the building industry. His unwritten Astra Van is, except for the lack of windows, indistinguishable from the equivalent estate car, yet technically he breaches the estate covenants every night. Even if it was emblazoned ?Smith's Builders? it would hardly spoil my Sunday. A Transit isno more of an eyesore than a Galaxy or Land Cruiser.
What chance the Lands Tribunal declaring such a restriction obsolete?
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It seems to me that this is a restriction rooted in the time when the homeowning middle classes did not want "trade" lowering the tone of their neighbourhood.
Lol! The estate was only built in 1990. We are in Congleton though, so perhaps a little behind the times!
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Lol! The estate was only built in 1990. We are in Congleton though, so perhaps a little behind the times!
.My point was to suggest an anachronism arising 'cos "things have always been done thisway". Our estate, with a similar restriction is even more recent; 1998.
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Ok Bazzabear, fair dos, I understand the reason for your inquiry.
I wasn't having a go, but your post was a little contradictory.
A restrictive covenant tis a binding promise not to do something, and the promise "runs with the land". This means that it binds all successive owners of the property.
The land with the burden of the covenant is called the "subservient tenement" and the land with the benefit of the covenant is called the "dominant tenement"
If a covenant is breached then anyone who owns a dominant tenement (in your case, everbody else on the estate) can try to enforce the covenant, by applying to court for an injunction.
This a private civil court matter and does not involve the local authority in any way.
The claimant has the right to ask for damages too, if he can show a financial loss (such as a reduction in the value of his property).
Injunctions are in the disctretion of the court, and even if you could clearly show a breach of the covenant, you might not get an injunction.
Someone who is subject to a RC can also make an application to the Lands Tribunal to have the covenant struck out or altered, but the LT's power to do this is narrow, and is usually excercised only in cases where the RC has become redundant in some way. It is not enough simply to argue that the covenent is in some way "unreasonable".
Obviously it is all quite a bit more complicated than this in practice... but this is an outline of how it works.
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Obviously it is all quite a bit more complicated than this in practice... but this is an outline of how it works.
That's the simple way of putting it!?! I think it's safe to say I won't be bothering then!
Don't worry BTW, I was not at all offended by any part of you earlier post.
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A Transit is no more of an eyesore than a Galaxy or Land Cruiser.
The smallest size Transit isn't too bad, but we live in a very old village that basically had a housing estate dropped on it in the late 60's. Our road is reasonably unaffected by vans, but several estate roads are clogged with larger size Transits and Mercedes Sprinter vans, all parked half on the pavement. They really don't do anything for the look of the area.
Talking of working people invading middle-class areas, a relative recently sold their detached house with swimming pool to a window cleaner, who now thrills the neighbours by parking his van (complete with ladders) on the road at night.
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Where I live (in Primrose Hill) every Friday night at 6:30 (when the residents parking zone becomes deactivated for the weekend), this horrible old Luton van turns up and parks in my street for the weekend - I wouldn't mind except it's covered in horrible 'tag' style graffiti (not 'arty' graffiti), and is a real eyesore in an otherwise very attractive area. No idea what I can do about it if anything - the driver looked very surley so I doubt he'd understand my issue that he is messing up my otherwise gentile area!
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If it is taxed insured and MOT'd I don't thing there is anything you can do about it. Where does your religion come into the equation - "Gentile"? or is it your genital area - I think we should be told!
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"Gentile"? or is ityour genital area - I think we should be told!
I think it may be 'genteel'.
As with the parking-on-the-pavement thread, I can't help feeling that in many cases people want to take issue with others over trivial affronts to the perfection of their fantasy worlds (obviously not in all cases, because obstruction is obstruction).
We in this country are supposed to be calm and tolerant, to 'live and let live'. I notice creeping intolerance everywhere, not least in the back room.
I blame the foreigners.
:o)
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Lud you have hit the nail on the head there - the graffitied van doesn't fit in with my blinkered utopian vision for the world. My justification for it enraging me is that I have forked out good money, and sacrificed the prospect of living in a larger property, in order to live in an area where I don't have to have to be constantly reminded of London's undesirable social elements in my time away from work, and this particularly aesthetically displeasing van smashes that dream to smitherines!
Your use of the word 'supposed' is key - depending on who you're talking to, and where your country of origin is, this country can be both tollerant and/or quite a small minded bigoted place.
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>>"Gentile"? or is it your genital area - I think we should be told!
Primrose Hill? - gentile is probably correct - Oi vey!
The problem with tolerance & 'live & let live' is that there are those who always take the greatest possible
interpretation of the 'let live' part & end up extending their 'inch' to the proverbial mile. Just like kids sometimes,
you have to (gently if possible) let them know where the reasonable limit is. But in life , as in law, defining
'reasonable' is open to interpretation & disposition.
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I think a discussion with the owners of the vehicle would help resolve the matter. A friend of mine had a truck of less than 7.5 tons and the police insisted that he stop parking it on the lane he had parked on for 20 years, no houses on it and a dead end but they said it was an obstruction.
Peter
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the police insisted that he stop parking it on the lane he had parked on for 20 years, no houses on it and a dead end but they said it was an obstruction. Peter
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Correct me if I am wrong, but -
Any vehicle parked parked on any public road is causing an obstruction, because vehicles cannot drive on that bit of road. QED.
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'I notice creeping intolerance everywhere, not least in the back room. '
Quite right,and it should not be tolerated. ;o)
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Where I live (in Primrose Hill) every Friday night at 6:30
>>.........................
very surley so I doubt he'd understand my issue that he is messing up my otherwise gentile area!
There are a number of things you can do :-
1. Put a polite notice on the windscreen asking the driver not to park there.
2. Do you know where the driver lives? Follow him home and put a notice through his letter box asking him not to park there. That may well have the desired effect.
I am assuming you do not want the driver to know your identity or where you live - for fairly obvious reasons.
3. Stick a very large notice on the windscreen in his line of sight, using lots of glue.
Need I go on?
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drbe your suggestions are largely disgusting. Following people home, putting glue on their windscreens... what are you doing here? This is a website for motorists. Join a vandals' website where you belong.
It's Primrose Hill for God's sake. The OP doesn't like a van.
So the hell what? He's just got to live with it. This is London.
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Drud dealing, mugging, teenagers with guns are also part of life in London and people shouldn't have to put up with them! Somebody is upset about a parked van and if it bothers him that is his take on the matter. We may not agree but it is annoying him and he asking for ideas, some of those have offered have been pretty sily but that is life in the Back Room.
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Quite fancy these druds Armitage. How much a gram are they? :o)
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And I have to admit I as a bit harsh towards drbe although he or she probably doesn't care.
Point taken.
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And I have to admit I as a bit harsh towards drbe although he or she probably doesn't care. Point taken.
First chance I have had to respond (too much rugby!)
This subject has been covered on this forum extensively in the past. What I didn't establish was whether the parking - by the surly man - was illegal, or simply inconsiderate.
To answer Lud's point or points and to defend my suggestions.
1. No one is going to be killed or injured.
2. No property, or motor vehicles are going to be destroyed or damaged.
3. No one is going to be put to any expense.
Knowing where the 'offender' lives/stays/visits could be useful if a legal notice has to be served. Having to - possibly - clean some excess glue from his windscreen may concentrate the parkers mind and encourage him to reconsider the wisdon of his actions.
To repeat, I wasn't suggesting anyone should be hurt or any vehicle damaged.
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Drugs! Fat fingers, slow brain , no edit button. Sorreeeeee!
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Following people home, putting glue on their windscreens...
Or you could just do what Lud does, and shunt them along a bit ;o)
www.honestjohn.co.uk/forum/post/index.htm?t=41638&...e
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Do vandals have a website? Surely it would be covered in tags, or maybe wouldn't work at all due to being vandalised?
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Increadibly, I was going to the farmers market earlier today and saw the van -they have removed the graffiti of their own free will, leaving only some ungainly smearing and paint runs. I guess that's the best I could have hoped for so I'm a happy boy.
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Re OP - a letter to the local Network Rail Head Office - preferably to the legal section should get this sorted - explain the problem and the covenant issue. I have had dealings with NR and one thing they are hot on is policies and procedures.
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You could enquire whether the van is carrying dangerous goods, and refer to this SI: www.opsi.gov.uk/si/si1996/Uksi_19962095_en_7.htm Note the part re "Supervision and parking of vehicles" Even if the van is used only occasionally, it may lug gas cylinders around, and the orange rectangle displayed, is a giveaway, thus requiring compliance. Long shot though.
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OP - a letter to the local Network Rail Head Office - preferably to the legal section should get this sorted - explain the problem and the covenant issue. I have had dealings with NR and one thing they are hot on is policies and procedures.
Hmm - I have a feeling their legal section may have other matters on their mind for the next few...well, years actually!
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