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chorleyboy · Joined: 23 Dec 2007 Posts: 2 Location: UK

I have just bought a new house and want to pave over approximately
half my front lawn for additional car parking. The house is semi
detached and the lawn has no marked border with the adjoining property
although from looking at the title deeds and a map of the original
plots it is fairly clear where the boundary lies. The house is
freehold and was built approximately 18 years ago.

I am slightly concerned about a clause in the title deeds and would be
grateful if somebody could advise whether this may cause me any
problems. The clause states that the front garden "shall at all times
be left open and unbuilt upon and laid out as a garden (predominately
as a lawn) and kept neat and tidy and free from rubbish."

Can anybody let me know who is responsible for enforcing this? The
builder has since been taken over by another firm and as the property
is freehold and over 18 years old I really can't see them bothering
with something in which they have no financial interest. However, if
the council has the authority to enforce this then I'm sure they would
be more likely to act.

I intend to discuss my plans with my neighbor before proceeding. If he
is happy then i would be tempted to take a chance and go ahead.
However, if my neighbor was to move and the new owners were to
question what I had done can anyone advise what would happen? I seem
to recall if a modification has been done for a certain amount of time
then it is allowed to stand. Is this correct or have I got the wrong
end of the stick?

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

Covenants are a legal agreement, part of the contract.

You would need to see a Solicitor to try and get it removed.