Deeds of Covenants
Those who built Port Solent understood that its design and location created a certain ethos in line with its unique and attractive characteristics and that in order to preserve these qualities those who bought or rented dwellings in Port Solent should abide by certain rules. Different covenants apply to households on the estates, to berth owners and to the apartments in The Anchorage. RAPS is making these available on this website for easy reference: you are advised always to consult the original, definitive sources in the event of any dispute.
The following is a transcription of the document List of Main Covenants (Summary) issued by Posol as Advice Note 1 - October 2002.
Covenants are restrictions that apply to a group of homes. They are normally put in place by the original developer, and are sometimes (as at Port Solent) also a requirement of the original freeholder or the planning authority - in this case, Portsmouth City Council. The purpose of the covenants is to preserve the design and amenity of the development, and to control some of the activities that take place within its boundaries. This helps protect property values.
The list below is a summary of the covenants that house owners and berth leaseholders sign up to when they purchase their property. This list is intended only as a general guide. If you have any queries or require further information about how the covenants affect your property, you are advised to seek advice from your solicitor [and not from RAPS. Alternatively, you may seek clarification from representatives of Posol or The Anchorage, where similar covenants apply].
And remember, if you let your property, your tenants are also bound by the covenants. Please be sure to give this list to your letting agent and your tenants.
This list applies to owners or leaseholders in the Higgs and Hill, Swan Hill and Crest Homes estate[s] at Port Solent.
COVENANTS ARISING FROM THE OWNERSHIP OF A HOUSE
Source: Deed of Transfer, Schedule IV (Purchaser's Covenants)
IV.1 Not to cause nuisance or annoyance to Posol or owners or occupiers of any house or garages on the estate.
IV.2.1 Not to erect any buildings walls fences [sic] or other structures or to grow a hedge in the open area.
IV.2.2 Without prejudice to 2.1 not without the prior written permission of Posol to alter or add to the external appearance of the premises or to erect any additional buildings walls fences of other structures.
IV.3 Not to use the premises for other than private residential purposes.
IV.4 Not to obstruct any of the estate roads or any of the estate facilities in any manner whatsoever.
IV.5 To maintain the open area in a neat and tidy condition, properly and actively cultivated. [There is a matching covenant in Posol that requires upkeep of the communal areas].
IV.6 Not to permit the exterior of the premises to be decorated otherwise than in the following manner:
All rendering - cream (Artex, Hyclad or similar). [Note that the developers finished some house with render of a different colour and this covenant may not therefore apply to all rendered houses]
All external joinery - teak of ebony stain (Sadolins or similar) [Note that Crest Homes used a different colour and the covenant may be worded differently]
Garage door - gloss red to BS 04D45 [Crest Homes used a different colour]
and at all times to maintain the external decoration of the premises in a satisfactory condition
IV.7 Not to erect any external aerial or wiring, nor any external trellis
IV.8 Not to dry washing so as to be visible from the outside of the premises
IV.9.1 Not to park or place on the premises or on any part of the estate any caravan or lorry
IV.9.2 Not to park or place a boat on the premises (except in the car port or garage of the premises) or on any other part of the estate
IV.10 Not to open any new gates or otherwise alter the existing boundary fences of the premises
IV.11 To permit Posol to enter premises to carry out whatever work may be reasonably necessary to remedy breach of any covenant contained in paragraphs 6 - costs to be recovered from the owner
COVENANTS ARISING FROM THE LEASEHOLD OF A RESIDENTIAL BERTH
Source: Sub-Underlease, The Third Schedule (Specimen Form of Deed of Covenant)
3.1 To pay the 'rents' [i.e. the service charges]
3.2 To contribute the 'relevant proportion' of the Port Solent Charge
3.5 Not to alter or add to the berth pr pontoonery or to carry out works of any nature to the walls or revetments of the Marina
3.6 Not to discharge any effluent or rubbish into the Marina
3.8.1 To conform to the rules and regulations laid down from time to time by Port Solent Ltd [now Premier Marinas]
3.8.2 To conform to any rules and regulations applicable to the residential mooring area that might be laid down from time to time by Posol
3.10 Not to use the berth for any purpose other than the berthing of one vessel of appropriate size
3.11 Not to use the berth in such a manner as to cause nuisance or annoyance to Posol other berth-holders [sic] or other users of the Marina
3.12.1 Not to assign the sub-lease other than to someone who simultaneously becomes the owner of a house on the estate (class 'A' shareholder) and who simultaneously becomes a class 'B' shareholder
3.12.2 Not to assign part of the berth
3.12.3 [Older parts of the estate Areas Ai, Aii and B] - Not to let the berth otherwise than by a non-renewable license for less than one year for berthing an appropriate vessel
3.12.3 [sic] [Newer parts of the estate Areas C, D and E] - Not to let the berth other than in conjunction with the bona fide renting of the house to which the berth is attached
3.13 To notify Posol and Port Solent Ltd [Premier Marinas] within 21 days of any assignment of the sub-lease of the name, type, dimension, port of registry, registered number and insurance details, name and address or owner of the vessel that is to be moored on the berth
3.17 To notify Posol and Port Solent Ltd in writing in [sic] any change affecting the vessel or ownership [see also 3.13]
3.18 To ensure that the vessel is at all times insured against third party risk and against damage to the marinas and pontoonery
3.20 To refund the cost of repairing any damage to the marina or pontoonery
3.21 To permit Posol or Port Solent Ltd to enter upon the berth for any reason that in the opinion of Posol or Port Solent Limited is necessary to allow Posol and/or Port Solent Ltd to comply with the covenants on its part[.]
THE ANCHORAGE BALCONIES
Source: notice posted in the separate houses by Dack Property Management, 12th June 2014. Refers to: Deed of Good Neighbour Covenant 23rd March 1998.
We would remind all residents that the balconies attached to individual apartments are not part of the private accommodation and that the common areas lease, including the good neighbourhood deed, governs their use.
This precludes any activity, which might constitute a safety risk, such as the use of naked flame BBQs or heaters. It also prevents the attachment of any equipment to the external walls without prior permission of the management company.
The terms of the lease require consideration to be given to neighbours in regard to the use of the balcony areas with regard to cooking, smoking or excessive noise. It also precludes the hanging of clothing or laundry in such a way that it is visible from other parts of the Development.
Whilst not wishing to constrain residents enjoyment of the facilities that the balconies offer we would respectfully ask them to bear the above provisions in mind in order to preserve the safety and appearance of The Anchorage.