Jump to content
Sign in to follow this  
ColonelMoutarde

Storing caravan on a driveway

Recommended Posts

6 minutes ago, hp100425ev said:

I was advised by the local Council Building Inspector that a covenant placed in deeds by a builder (as opposed to one by the Local Council), could be enforced either by the Builder, which would be unlikely once an estate was completed and fully sold, or by a neighbour.

The potential cost of bringing a legal action would probably put most neighbours off doing so.

Then I suggest you where told wrong. It's the builder who is protecting their interest by a covenant, that covenant is then imposed by THEM  not any other. If a neighbour had an interest then they would need to impose their own covenant/be named in the original and not rely on the builders/council/land owner.

Edited by Wellys and Mac

Share this post


Link to post
Share on other sites

Covenants are sometimes passed on to successive owners of the lands adjoining and are an agreement between both to abide by...

e.g. a shared private driveway of N homes with all plots equally responsible for repairs.

No keeping of pigs or other livestock.

No business to be operated from the premises.

{Caravans, sheds, etc.,.)

 

The exact wording matters. 

Legal advice is probably worthwhile in this specific case, and should not need a lot of time = money (if the original / copies of original wording is available).

 

The last thing anyone needs is a neighbour dispute, let alone one that goes legal.


2012 Bailey Pegasus 2 Rimini towed by 2019 Ford Galaxy Titanium X, 2.0 EcoBlue, 8 speed auto.

Share this post


Link to post
Share on other sites
1 hour ago, ColonelMoutarde said:

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.

If you intend to keep the house do you not have to transfer it in to your name ? Then you can help set the terms of the new deeds and remove any covenants that no longer apply. As the landlord you would still be responsible to ensure any remaining covenants are complied with by the tenants and such conditions would usually be in the tenancy agreement.

 

Could also be worthwhile looking up what responsibilities a landlord has, could be things like gas and electrical safety checks, smoke detectors.

Edited by Paul1957

Share this post


Link to post
Share on other sites
18 hours ago, AlwynMike said:

 

Do you have one or both on your caravan?? 😀

On the property, but I suppose you could be right it probably would include the caravan.


2020 Mitsubishi Outlander 2.4  PHEV and 2016 Swift Conqueror 480 HT

Share this post


Link to post
Share on other sites

A neighbour can take court action against you .

https://www.samuels-solicitors.co.uk/news/restrictive-covenants

 

 

Dave


Jeep Commander 3. 0 V6 CRD

Isuzu D- Max Utah Auto

Elddis Crusader Storm 2000 Kgs, Unipart Royal Atlas Mover .

 

Share this post


Link to post
Share on other sites
17 minutes ago, CommanderDave said:

A neighbour can take court action against you .

https://www.samuels-solicitors.co.uk/news/restrictive-covenants

 

 

Dave

Your missing the word "May" in your blurb, typical Solicitors advert touting for trade.

I've had this on our estate, neighbour threatened another, the other called their bluff, mainly because daughter worked at the UK's largest law firm, nothing happened other than a woolly solicitors letter that cost the other party £135 and went in the bin!

A typical covenant names the party, ie J blogs the builder, so its they who enforce it!

I have a gravel rights covenant on the land my house is built on by the original land owner, so if I buy a jcb and dig then start selling the gravel they can make a claim, not my neighbours!!!

 

If the covenant was written as "Any interested party" maybe, but they are usually specific.

 

 

Edited by Wellys and Mac

Share this post


Link to post
Share on other sites

It is all down to if the covenant is still being enforced . I have had neighbours that have built extensions in breach of the covenant that have received court orders and demolition notices as they have tried to breach the covenant than submit planning requests .

 

 

Dave


Jeep Commander 3. 0 V6 CRD

Isuzu D- Max Utah Auto

Elddis Crusader Storm 2000 Kgs, Unipart Royal Atlas Mover .

 

Share this post


Link to post
Share on other sites
18 minutes ago, CommanderDave said:

It is all down to if the covenant is still being enforced . I have had neighbours that have built extensions in breach of the covenant that have received court orders and demolition notices as they have tried to breach the covenant than submit planning requests .

 

 

Dave

The point your missing is enforced by who?

Your extension story, if true, then I would imagine it would have been the local council who imposed the covenant as part of planning permission for the original development so they who enforced it.

We are talking about parking a caravan, that would be the original builders restriction as is usual.

As a side note, .... removed this, not helpful 

Edited by Wellys and Mac

Share this post


Link to post
Share on other sites

There is another thread on here on this subject and I did comment on that one.

I am sure Legal Eagle will correct me if I am wrong, but from my research - being in a similar situation to the OP - the covenant can be enforced by anyone on the development IF the covenant has been passed from one purchaser of the property to the next and so on. In effect, enforcement rights stay with the property  - however many times that property has been sold.  If, on the other hand,  the covenant was simply between the builder and the first purchaser of that house - and stopped there - then, it can only be enforced by the individual imposing the covenant - and in our case, the original developer was bought out by another company which has subsequently gone into liquidation, so there is no one to enforce it.

Looking at the Transfer Document in your deeds will tell you which it is. In my case, it is the former, so I'm potentially liable to someone objecting to our van being stored on the drive.

It also means - certainly in our case - that a property owner can object to any breach of the covenant ANYWHERE on the parcel of land that formed part of that transaction that the original builder imposed the covenant on. It doesn't necessarily have to be the guy next door that's objecting but could be someone 300 yards away that can't even see the van!

I'm just keeping my head down - as are the other dozen or so caravan / motorhome owners in my immediate vicinity.

 


VW Touareg Escape towing a 2018 Knaus Starclass 695

Share this post


Link to post
Share on other sites
2 hours ago, Wellys and Mac said:

The point your missing is enforced by who?

Your extension story, if true, then I would imagine it would have been the local council who imposed the covenant as part of planning permission for the original development so they who enforced it.

We are talking about parking a caravan, that would be the original builders restriction as is usual.

As a side note, .... removed this, not helpful 

 

My covenant is under the original land owner and is managed by a management office .

 

I have to apply for permission for any development . I even have a one foot high wall in the front that marks a border  that has planning permission under the covenant that is noted on the deeds as we are not allowed any building of walls in the front on the whole development .

 

Dave


Jeep Commander 3. 0 V6 CRD

Isuzu D- Max Utah Auto

Elddis Crusader Storm 2000 Kgs, Unipart Royal Atlas Mover .

 

Share this post


Link to post
Share on other sites
3 hours ago, richardandros said:

There is another thread on here on this subject and I did comment on that one.

I am sure Legal Eagle will correct me if I am wrong, but from my research - being in a similar situation to the OP - the covenant can be enforced by anyone on the development IF the covenant has been passed from one purchaser of the property to the next and so on. In effect, enforcement rights stay with the property  - however many times that property has been sold.  If, on the other hand,  the covenant was simply between the builder and the first purchaser of that house - and stopped there - then, it can only be enforced by the individual imposing the covenant - and in our case, the original developer was bought out by another company which has subsequently gone into liquidation, so there is no one to enforce it.

Looking at the Transfer Document in your deeds will tell you which it is. In my case, it is the former, so I'm potentially liable to someone objecting to our van being stored on the drive.

It also means - certainly in our case - that a property owner can object to any breach of the covenant ANYWHERE on the parcel of land that formed part of that transaction that the original builder imposed the covenant on. It doesn't necessarily have to be the guy next door that's objecting but could be someone 300 yards away that can't even see the van!

I'm just keeping my head down - as are the other dozen or so caravan / motorhome owners in my immediate vicinity.

 

I think the obligations can pass down (ours have done) but the Covenanters or is it ees may be the only ones who can benefit or enforce.

 

Which is the original land owners (specified by name) and the developer in our instance.

 

 


:excl::excl::excl:    Spanish Trip 2020 - :excl::excl::excl: - Time to bailout...

Subscribe to our Blog at the website below and read the diaries of many of our expeditions.

Caravan Ramblings blog

Share this post


Link to post
Share on other sites

It's not really ever so difficult - check your conveyance documents to see what obligations you need to observe.

 

There wont be many people on this forum (probably non at all) who will be able to tell you what your specific documentation says or commits you to. You'll get lots of random guesses and well meaning comments but non of them will help you much if you end up contravening them.

  • Like 1
  • I agree completely 1

2018 S-Max Titanium 2. 0 Tdci (177. 54bhp,180ps,132kw) Powershift + 2015 Unicorn III Cadz, Ventura Marlin porch awning

Share this post


Link to post
Share on other sites

It is difficult because many covenants are for the benefit of a bunch of individuals or companies and there's no easy way to check if they are still alive or the businesses operating - ie those who could enforce the covenant.

 

It's easier on modern estates as often there is a management company involved and all this stuff will be grandfathered in.

 

Many older covenants not so.


:excl::excl::excl:    Spanish Trip 2020 - :excl::excl::excl: - Time to bailout...

Subscribe to our Blog at the website below and read the diaries of many of our expeditions.

Caravan Ramblings blog

Share this post


Link to post
Share on other sites

Covenants are 90% of the time put in place by the builders to stop the parking of big vans Caravans and Boats etc until the site is developed and complete. 

Its done to keep things tidy and attractive. Then of course they are ignored by those who don’t care and the sites get littered with the aforementioned which are not attractive......

 

As a caravan owner I think caravans do not sit well parked alongside houses. The only people that do are owners.

Share this post


Link to post
Share on other sites
3 hours ago, Charliefarlie said:

Covenants are 90% of the time put in place by the builders to stop the parking of big vans Caravans and Boats etc until the site is developed and complete. 

Its done to keep things tidy and attractive. Then of course they are ignored by those who don’t care and the sites get littered with the aforementioned which are not attractive......

 

As a caravan owner I think caravans do not sit well parked alongside houses. The only people that do are owners.

 

Caravan sites are visually more intrusive than a single caravan - I wince every time I drive by a large site with rows and rows of caravans on terraces.


2015 VW Touareg 3. 0 V6 TDI + 2013 Lunar Clubman ES

Share this post


Link to post
Share on other sites
27 minutes ago, Black Grouse said:

 

Caravan sites are visually more intrusive than a single caravan - I wince every time I drive by a large site with rows and rows of caravans on terraces.

 

Two wrongs don’t make a right.....

 

Sorry I thought this topic was about storing caravans outside houses ?? 

  • I agree completely 1

Share this post


Link to post
Share on other sites
22 minutes ago, Charliefarlie said:

 

Two wrongs don’t make a right.....

 

Sorry I thought this topic was about storing caravans outside houses ?? 

 

I don't have any issue with neighbours parking a caravan or a works van on their own property outside their home


2015 VW Touareg 3. 0 V6 TDI + 2013 Lunar Clubman ES

Share this post


Link to post
Share on other sites

The problem here is we do not know the terms of the covenant and many theories are being thrown about. Essentially if there is a dispute the OP needs legal advice, the conveyancing solicitor who did the original work should have advised on this, but as this was not to the OP then we cannot be sure what was said.

These restrictions are not easy to deal with and they vary considerably so you need to know the exact wording. On balance, I doubt the one here is enforceable but it could just be the exception which is why if it is pursued it needs a solicitor to check it. It should be easy enough to get a copy of the titles and see what it does say to get a better idea of the position. 

  • I agree completely 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

×
×
  • Create New...