Just to say thankyou and a big hello,

[les geds]

wanting some advice as lived in our motorhome for 5 months after selling our home and wanted to down size. the reason for the 5 month duration was because of our parking needs, wanting a drive for 3 family vehicles and also parking for our motorhome. This condition was paramount and highlighted to our conveyancing solicitor when our new property came up. solicitor confirmed that there was no parking restrictions on land registry for our new property, so went ahead with the sale, as we had previously pulled out of a recent property due to having a restriction on motorhome parking. Any how moved in October 24 and now getting complaints from residents and estate management company of a restrictive covenant of motorhome parking. solicitors state that it wasn't on land registry when they looked, but was registered into the estate management ? they said it was unique how they have introduced it, which is irrelevant to me as now I have a problem as the neighbours are refusing to talk and dismiss us and now keep getting letters to remove motorhome off our drive.

[Pezza54]

Hi
Welcome to LB

Please read the article "The right to park a car - restrictions on parking in residential developments" at www.kdllaw .com

The article mentions the freeholder may make a court application for a restrictive covenant to be removed or modified under section 84 of the Law of Property Act 1925 and provides reasons the Tribunal may take into account when making a decision.

Whether your solicitor was guilty of professional negligence when they failed to notice and point out the restrictive covenant regarding parking, you should contact a solicitor that specialises in this type of claim against solicitors

[islandgirl]

Have you made an official complaint to the solicitor? Legal action is extremely expensive. Do you have home insurance to cover this type of claim?

[PallasAthena]

Hi
Please read the article "The right to park a car - restrictions on parking in residential developments" at www.kdllaw .com

The article mentions the freeholder may make a court application for a restrictive covenant to be removed or modified under section 84 of the Law of Property Act 1925 and provides reasons the Tribunal may take into account when making a decision.

The link didn't work for me but this one does

The right to park a car - restrictions on parking in residential developments – KDL Law

[PallasAthena]

solicitors state that it wasn't on land registry when they looked, but was registered into the estate management ? they said it was unique how they have introduced it, ....

I don't know what that means but if the development your house is in was built after 2003 this article suggests that a restrictive covenent needs to be registered at the Land Registry to be legally binding (posted for information not legal advice).

Restrictive covenants affecting land - Ashtons Legal Solicitors

Do you own the house Freehold? (I assume in England)

[les geds]

Due to the covenant being only 3 years old as it is a new build estate, the developer has sold the common land to a management company for £1 who registered the covenant
The management company now has the right to enforce the restrictive covenant. If they pursue legal action, l would be facing legal costs and potential orders to remove the motorhome. The fact that the land registry was incorrect initially, does not remove the power of the management company to enforce the covenant.

[les geds]

I don't know what that means but if the development your house is in was built after 2003 this article suggests that a restrictive covenent needs to be registered at the Land Registry to be legally binding (posted for information not legal advice).

Restrictive covenants affecting land - Ashtons Legal Solicitors

Do you own the house Freehold? (I assume in England)

yes the house is freehold on the plot it stands on, but the land and road around it is common land that is owned by the management company, who put in the covenant. I have just found out it is called "fleece hold" where the developer, usually the same family/persons splits the estate and put a charge on each homes.

[les geds]

Hi
Welcome to LB

Please read the article "The right to park a car - restrictions on parking in residential developments" at www.kdllaw .com

The article mentions the freeholder may make a court application for a restrictive covenant to be removed or modified under section 84 of the Law of Property Act 1925 and provides reasons the Tribunal may take into account when making a decision.

Whether your solicitor was guilty of professional negligence when they failed to notice and point out the restrictive covenant regarding parking, you should contact a solicitor that specialises in this type of claim against solicitors

I've looked into covenant removal which can be done quite easily on old houses but not easy for new builds and can be very expensive as the covenant is recently been registered. i have registered an official complaint to the solicitors.