Sleeping in mh on your own driveway (1 Viewer)

[SuperMike]

As said before. The only person who can enforce a covenant is the person who had it written. In your case, probably, the builder. As he as now sold them all he is unlikely to give a t*ss.

 

[G7UXG]

And what if the company that built the homes and put the covenant on the property no longer exists, as in the case of the company that built my house?

Who is then responsible for enforcing covenants?

 

[Southdowners]

What a dreadful neighbour!

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[jb0371old]

I sleep in mine when I work nights, that way the missis can put the food processor on whenever she likes.

 

[scotzsue]

Our estate covenant says ranch fences only. Majority of properties have kept low fences to the front but maximum height at the rear of properties. a few motorhomes and caravans about, we have the space, but not the access, so ours is in storage. Back to OP i often slept in my romahome when troubled with insomnia in the house, this included when it was parked on the road near my then home. No one batted an eyelid.

 

[Deleted member 29692]

And what if the company that built the homes and put the covenant on the property no longer exists, as in the case of the company that built my house?

Who is then responsible for enforcing covenants?

Nobody. In that situation the covenant is not enforceable and effectively ceases to exist although it will still appear on searches. A solicitor will usually only tell you it's there, not comment on whether or not it's likely to ever be enforceable.

As has been said developers only usually put them in place to keep their new development looking pretty until it's all sold. After they they usually couldn't care less. It's not unheard of for a developer or group of developers to set up a new limited company to take care of building one major project, which would obviously include putting covenants in place, then liquidating it on completion of the project thereby making the covenants immediately worthless. The benefit to them is that if the project goes belly up the impact and liability on their main company is minimal.

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[sdc77]

Whenever we have guests we always choose to sleep in the van on the drive

 

[CWH]

As I understand it (I can do get-out clauses as well as the next Funster!), somebody can use the caravan/ MH to live in for a certain period (I think it is - or was - 28 days in a 12-month period), but there's no restriction if it's used as an annex - ie is being used (by whoever's using it) in conjunction with using the house - not necessarily cooking or using the loo in the house - could be watching TV, using the computer, having a 'family breakfast', storing food or equipment ..... just that cooking/ loo are very clearly showing that the MH or caravan is an annex and not "being lived in".

 

[Abacist]

As Borderland says a covenant can only be enforced by the person or company which placed the covenant on the property, usually the builder when they build a new estate put such a covenant on so that potential house buyers do not see caravans and motorhomes scattered about the estate and put them off buying, as has been said the neighbour cannot enforce the covenant only the people who put the covenant on can do this.
Don

Wrong I'm afraid! My father had objectionable neighbours who decided to park their caravan on their drive outside their garage taking away light and blocking my parents view. My father managed to get the covenant enforced himself, at considerable cost, through the courts. The original land owners and the builders or developers didn't want to know as they had completed and sold all the houses.

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[Photo4x4]

How quick people are to condemn. I wonder what the 'nosey' neighbour's side of the story is?

KH

 

[Paddywack]

As said before. The only person who can enforce a covenant is the person who had it written. In your case, probably, the builder. As he as now sold them all he is unlikely to give a t*ss.

Not the case I am afraid, "successors in title" normally/often have the benefit of the covenant and legally they are not that hard to exercise, nor that costly - as it is the person breaching the covenant would have to meet the legal costs of a legal challenge - if they failed to respond to reasonable requests to comply with it.

 

[Landy lover]

Not the case I am afraid, "successors in title" normally/often have the benefit of the covenant and legally they are not that hard to exercise, nor that costly - as it is the person breaching the covenant would have to meet the legal costs of a legal challenge - if they failed to respond to reasonable requests to comply with it.

Interestingly every property I have bought has had some form of covenant on it and in every case the solicitor handling has advised as unenforceable mainly due to the fact that although it is registered on the deeds the actual covenant wording is not available in full therefore cannot be enforced, there is also a further aspect I was told that if the 'breaches' are now considered normal practice such restrictive covenant would again not be enforceable.

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[Paddywack]

Interestingly every property I have bought has had some form of covenant on it and in every case the solicitor handling has advised as unenforceable mainly due to the fact that although it is registered on the deeds the actual covenant wording is not available in full therefore cannot be enforced, there is also a further aspect I was told that if the 'breaches' are now considered normal practice such restrictive covenant would again not be enforceable.

Ask the solicitor if they will indemnify against a potential claim and watch them back peddle!

 

[34127]

Interestingly every property I have bought has had some form of covenant on it and in every case the solicitor handling has advised as unenforceable mainly due to the fact that although it is registered on the deeds the actual covenant wording is not available in full therefore cannot be enforced, there is also a further aspect I was told that if the 'breaches' are now considered normal practice such restrictive covenant would again not be enforceable.

The advice I got from my solicitor was don't even consider breaching a covenant as it could be very costly for myself if I didn't comply or tried to challenge it.

 

[John & Joan]

Caravan Sites and Control of Development Act, 1960

FIRST SCHEDULE

CASES WHERE A SITE LICENCE IS NOT REQUIRED

Use within curtilage of a dwellinghouse

1. A site licence shall not be required for the use of land as a caravan site if the use is incidental to the enjoyment as such of a dwellinghouse within the curtilage of which the land is situaited.

That is all the act says. There is nothing to stop you doing anything in the van provided it is not being used as a separate residence. Neither is there a time limit for such use.

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[Landy lover]

Ask the solicitor if they will indemnify against a potential claim and watch them back peddle!

First time I came across this it was 47 years back and after discussion with the solicitor he told the other party that the covenant was a sticking point and made them pay for an insurance to cover it otherwise no sale . Much depends on what the covenant is about.

 

[Puddleduck]

First time I came across this it was 47 years back and after discussion with the solicitor he told the other party that the covenant was a sticking point and made them pay for an insurance to cover it otherwise no sale . Much depends on what the covenant is about.

And the precise wording

 

[Chris+Tracy]

I think that it all depends on what your neighbours are like.
If you get on well with them then there will not be a problem.
If you don't then wash your windows regularly and keep the garden tody.
Failing that, move to a rural location and a big Hymer!

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[Jabberwocky]

As Borderland says a covenant can only be enforced by the person or company which placed the covenant on the property, usually the builder when they build a new estate put such a covenant on so that potential house buyers do not see caravans and motorhomes scattered about the estate and put them off buying, as has been said the neighbour cannot enforce the covenant only the people who put the covenant on can do this.
Don

Incorrect, after the builder has left the newly built estate, the benefit of the covenant passes to the residents in most cases, any resident directly affected by a breach of covenant can enforce it, although it's a lengthy and very expensive task.

 

[Allanm]

Just buy an old wreck of a van ( taxed insured etc) and park it outside their house. Make sure it is an old diesel with a slow oil leak though.

 

[34127]

Incorrect, after the builder has left the newly built estate, the benefit of the covenant passes to the residents in most cases, any resident directly affected by a breach of covenant can enforce it, although it's a lengthy and very expensive task.

Incorrect in my case.
The original builder is no longer in business but the responsibility for covenants are now in the hands of another builder.

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[Emmit]

I was warned that it is quite easy to get a covenant enforced.
If there is a covenant on a property and someone is breaking the covenant and this is causing a problem for a neighbour, then the neighbour can ask the company (or person) who holds the covenant to enforce the covenant conditions. If the company does not enforce the covenant conditions then the neighbour can sue them for non enforcement as they may have bought their property partly because of the protection of the covenants that are on the deeds.

Easy when they're building the estate.
A little harder when the covenant is held by the original developer who went bust/out of business/died years earlier.

 

[GWAYGWAY]

Move it onto the road OUTSIDE their house and stay there not quite blocking off the driveway but make sure you CAN see into the front room and let them see you doing it.

 

[PeteH]

If you lived in it permanently there could be planning implications. In the same way you can park a caravan on your drive but I don't think a member of your family could live in it without getting planning consent.

As long as it`s only a Bedroom and does not have cooking facilities (or that meals are taken inside the house) And in some cases it had to be behind the building line? (I think).

Pete

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[PP Bear]

I always take the motorhome to visit the family and then park on their driveways. Use all my facilities, shower etc and happily plug in the EHU with their houses. Even park on the carpark outside mums care home when I visit and run the power cable through a window and so far, I've never had any issues at all

Think those miserable neighbours need to get a life!!!

 

[PeteH]

Simply put a caravan or motorhome can be used as temporary sleeping accommodation however they must rely on the house for normal living. The vehicle must be parked within the curtilage of the house. As said if there is a covenant on the property then that is enforceable by the other householders not by the council unless of course it is council owned land.

Wrong in one regard.

The covenant is ONLY enforceable by those who placed the covenant. the Neighbours have no right to enforce it. (unless perhaps it was deeded to them as a group?) The most common (modern) Covenant is that placed by the builder or developer, who usually loses all interest in enforcement once ALL the properties are sold. Parts of our estate have a Covenant which can bar any "lettered" vehicles ie works vehicles. caravans, motor-homes et al. However the builder went bankrupt some 20 years ago. So the likelihood of anyone having the right to enforce is negligible. This was how it was explained to me by my solicitor when I raised the subject before purchase. At this time we have a minimum of 7 or 8 M-H`s and caravans parked locally, plus a guy with a small "fleet" of white vans, this will increase soon when the winter storage vans come back for the "summer".!

P.s. We LIVED in the R-V on the drive for over a year. when I completely gutted the Bungalow it had been abused and was un liveable when we started. Also had 2+years on site when doing a self build back in the 90`s. Never "lost" so much as a Brick!.

Pete

 

[Judge Mental]

There is proably a stipulation that it's wrong somewhere ...this is England after all, the most heavily policed nation in Europe

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[pigginchilli]

Following a visit from an environmental health technician from our local council,courtesy of a very nosy neighbour,who informed the council I had someone living in my small mh which is parked on our driveway.I haven'l by the way,but it got me thinking about what the legal implications are about sleeping on your own property.Does anybody know what rights you have or have views on the subject?

Just started to read this wish i hadnt! our lovely landlord objects to our van in the drive. nuff said

 

[Judge Mental]

As Borderland says a covenant can only be enforced by the person or company which placed the covenant on the property, usually the builder when they build a new estate put such a covenant on so that potential house buyers do not see caravans and motorhomes scattered about the estate and put them off buying, as has been said the neighbour cannot enforce the covenant only the people who put the covenant on can do this.
Don

We live on a private road so different. Enforced by Whitgift foundation.

 

[etap]

If the householder holds the covenant then they can enforce it through the courts and more than likely get costs from the other person. I know of a case where a householder held the covenant which did not permit building on land opposite their house and it was upheld, so tread carefully I say.

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