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About ColonelMoutarde

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    West Midlands
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    Bailey Something or other

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  1. I didn't buy the property. It's a second house left to me by my father. I would rather keep the caravan at our own home since we have no such covenants however half the drive is walled/gardened and the other half is at too steep an angle.
  2. No problem with the other neighbours - the house only has neighbours on one side and they are fine; we get on great with them. Just to clarify; if this guy takes action against us legally, does this mean he must also enforce action against everyone else breaking the covenant on the estate as well? I am thinking that could prove costly if he has to pay for and send potentially 20 or so solicitor's letters. I am assuming he can't use the excuse of enforcing a covenant to single out or persecute an individual - if he wants one house to remove a caravan, it must apply to all (bound by the covenant) surely?
  3. Yes, I have emailed the council to see if they have adopted the covenant.
  4. Thanks for the advice, I have previously looked though that link but if I am being honest, I find it so rammed full of legalese and jargon, I have difficulty deciphering what bits do/do not apply to me. I have no idea if the covenants were taken over by the council but what I can say is that my wife drove around the area this morning and counted at least ~30 caravans and motorhomes on drives and there will have been caravans and motorhomes on drives for the best part of the last 30 years I expect. Now obviously, not all the houses will be subject to the same covenants but I would have thought a lot of them would be since the estate of houses was built at the same time. Anyway, as said, I'm not likely to contest or dispute it, I just don't like the fact that one particular person can effectively abuse a rule this way in order to harass and bully. I have no idea why this guy has such a bee in his bonnet about it and as far as I am aware, he hasn't complained about anyone else's caravan nor about the guy who parks his works van on the drive, also against the covenant. Presumably though, if he does go to a solicitor in order to start breach of covenant against us, he also has to start action against everyone else breaching it too, right? Would a solicitor be happy to send a letter threatening legal action in order to scare us into backing down even if they thought the covenant was unenforceable? Or would a reputable solicitor tell the bloke straight away that he is unlikely to succeed? Oh most definitely - that is exactly what we are doing. He can waste his time and money pursuing it with a solicitor and then I will simply shift it.
  5. Hi all, I'm sure this question has been asked a million times before but everyone's circumstances are slightly different so here goes... My father passed away recently and left me his home. The in-laws subsequently have moved in there to be closer to the grandkids. The wife and I have also bought our first ever caravan. We cannot store it at our house as the drive is sloped and not enough room, however at our other house where the in-laws live, the drive is plentiful and it is a corner house in a cul-de-sac, perfect we thought. However, after parking the caravan there (and it is to the corner of the house/drive so not exactly sticking out front and centre), on of the nearby residents (not a neighbour, he lives diagonally opposite) is complaining about the caravan. So far, he has accosted both my wife and my mother in law moaning about it and saying it breaches the covenant. Hi complain is a little bit of a nonsense; moaning that he can no longer see the road that runs alongside; we aren't talking a view of the Cotswolds here! The irony is that before the caravan was there, there was a hedge so he has never been able to see the road! If I am feeling generous, there is a covenant on the deeds, even if it does seem worded slightly woolly, so he is probably correct however a) the estate/group of houses was built in the 70's and b) if you go on Google Maps or even walk around the area, there are plenty of other caravans/motorhomes on drives so lots of people breaching covenant. So the question is, assuming he takes it to court (I doubt the developer is even still in business, let alone willing to enforce the covenant), is he allowed to single us out or would enforcing the covenant have to apply to every one on the estate? Also, I have seen many posts from people claiming that ARTICLE 1 OF THE FIRST PROTOCOL: PROTECTION OF PROPERTY of the Human Rights Act would overwrite any such covenant preventing putting a caravan on a drive; i.e. that preventing me from my right to enjoy my property and possession could not be overruled by someone disingenuously claiming a view of a road is spoiled. Does anyone have any insight or experience they can offer? I'm not that fussed; at the end of the day, the guy is a divorced, retired police officer with nothing better to do than harass and intimidate others - pretty sad behaviour if you ask me, but it is what it is. I will leave it until such time as solicitor's letters arrive and then move it - no skin off my nose, I just wondered what recent law and cases had to say about it.
  6. Just a quick hello - the wife and I got our first caravan ever. Looking forward to actually using it next year!
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