Taken

[Billyshotts]

Hi.have been taken to court by neighbour next door for having motorhome on driveway .have been to first hearing and the cost for lawyers fees was £2280 ?. Need to get judgement if a motorhome is classed as a caravan on the title deeds..the only problem is the cost to proceed further as lawyer has quoted a cost of around £15000 if I lose the case ,it's a cost that I can't afford to continue with unless I can get help with the cost .so iam asking all motorhome owners if you would like to donate to the cost of going ahead with the case so we can get this sorted once and for all..thank you

 

[buttons]

Hi.have been taken to court by neighbour next door for having motorhome on driveway .have been to first hearing and the cost for lawyers fees was £2280 ?. Need to get judgement if a motorhome is classed as a caravan on the title deeds..the only problem is the cost to proceed further as lawyer has quoted a cost of around £15000 if I lose the case ,it's a cost that I can't afford to continue with unless I can get help with the cost .so iam asking all motorhome owners if you would like to donate to the cost of going ahead with the case so we can get this sorted once and for all..thank you

That is a huge No from me Bllly

 

[Jenka]

You need a better pitch ! Billy wants in it for me ? So I'm with Buttons i'm Out

 

[68c]

Those fees would pay for an awful lot of secure parking. May be worth doing that and make up with your neighbours. You may be on shaky ground as your motorhome probably has Motor Caravan on the V5

 

[David and Sally]

If it's registered as a motor caravan then you could be on a sticky wicket. Many properties have covenants that stop the parking of caravans, motor caravans or vans on their drives.

Take it off the drive and settle where you are now. No point in diving in deeper.

^{_{Subscribers  do not see these advertisements}}

 

[TCG]

Is this a wind up.....

 

[Blue Knight]

Our neighbour built a small 20-house development and in the contents of the deeds, via a number of covenants, it has no work vans, caravans, motorcaravans, stored vehicles etc to be parked.

Once it's written in stone then I don't think it can be challenged without the consent of the person who owns said covenants. I could be wrong though.

 

[bigtree]

Maybe ianthebuilder will chip in a £1.

 

[Nomadian]

Al av a look an see if a can find a tanner dant back o t’sofa fo thi

 

[westhamman]

A no from me, as I understand it, covenants are very technical, courts will treat them individually and certainly Scotland legally would be different from England.

^{_{Subscribers  do not see these advertisements}}

 

[Jimbohorlicks]

I assume there must have been some pre court discussions or checks with the neighbour and the legality of the covenants on your property. Can you advise everyone what the title deeds say re parking of caravans etc on your drive and who they were introduced by. There are some twists in Scottish law compared to English law so not sure how covenants etc stand in Scotland. You need to provide more info if you want sympathy and support.

 

[nicholsong]

Hi.have been taken to court by neighbour next door for having motorhome on driveway .have been to first hearing and the cost for lawyers fees was £2280 ?. Need to get judgement if a motorhome is classed as a caravan on the title deeds..the only problem is the cost to proceed further as lawyer has quoted a cost of around £15000 if I lose the case ,it's a cost that I can't afford to continue with unless I can get help with the cost .so iam asking all motorhome owners if you would like to donate to the cost of going ahead with the case so we can get this sorted once and for all..thank you

Speaking as a lawyer, I think you should have gone for good specialist legal advice as soon as you got the Writ, which you may have done.

You describe your vehicle as a 'motorhome' but in law it would be a 'Motor Caravan', Category M1 (Special purpose) and as such on the V5C. The Court could decide 'Caravan' includes any caravan whether motorised or not, and I do not intend to research that point as I have not signed you as a client.

You and your neighbour both sound litigous. That does not end well except for the lawyer, but even your lawyer may ditch the case if he reads this thread saying you cannot afford to pay.

Why you think you should ask for financial help to fight what is not a matter of principle for all MH owners, when it is just a personal issue with your neighbour based on a covenant on your property beggars belief.

My answer is like the above with an '....... off'

Geoff

 

[ABZSteve]

Hi.have been taken to court by neighbour next door for having motorhome on driveway .have been to first hearing and the cost for lawyers fees was £2280 ?. Need to get judgement if a motorhome is classed as a caravan on the title deeds..the only problem is the cost to proceed further as lawyer has quoted a cost of around £15000 if I lose the case ,it's a cost that I can't afford to continue with unless I can get help with the cost .so iam asking all motorhome owners if you would like to donate to the cost of going ahead with the case so we can get this sorted once and for all..thank you

Bet they wouldn't have complained if it was a Hymer

 

[MisterB]

You could trade in your Motorhome and together with the additional legal fees, buy a cracking new motorhome

 

[Billyshotts]

The covenants that are in place then is a caravan (that has to be towed) not a motor caravan that can be driven

^{_{Subscribers  do not see these advertisements}}

 

[Steve and Denise]

Some on here don’t even want to pay money when they are sleeping in their van so I don’t think you have any chance of getting any money off them to help park an empty van.?

 

[ABZSteve]

My answer is like the above with an '....... off'

Geoff

You could have at least given it some thought...............

 

[suavecarve]

Park it on the road outside his house and if he asks you to move it tell him it will cost him £15k.

Worked for me

 

[Gellyneck]

Hi.have been taken to court by neighbour next door for having motorhome on driveway .have been to first hearing and the cost for lawyers fees was £2280 ?. Need to get judgement if a motorhome is classed as a caravan on the title deeds..the only problem is the cost to proceed further as lawyer has quoted a cost of around £15000 if I lose the case ,it's a cost that I can't afford to continue with unless I can get help with the cost .so iam asking all motorhome owners if you would like to donate to the cost of going ahead with the case so we can get this sorted once and for all..thank you

Can you park it on the street (public highway?) legally?

 

[Nirvanauk]

It’s a no from me but I have the same sort of covenant in the title deeds so I just keep it in storage 10 miles away.

^{_{Subscribers  do not see these advertisements}}

 

[tacr2man]

If covenant mentions "caravan" then that would be taken to mean any sort of caravan , ie motorised , horse drawn , towed , if not specified . You are on a hiding to nothing JMHLO

 

[100brian]

Leave it on the road outside his house.

 

[suavecarve]

The covenants that are in place then is a caravan (that has to be towed) not a motor caravan that can be driven

If that is the case, fairly easy to defend yourself.

Your worship I do not have a caravan on my drive (that has to be towed), and would like to see the evidence that suggests I have.

 

[Paul and Kate]

Taxed and insured with current MoT?

If so park it on the road. Not breaking any covenant then.?

 

[Billyshotts]

Thanks for your replys ,, will now close thread ,thanks

^{_{Subscribers  do not see these advertisements}}

 

[DuxDeluxe]

Shame...... best laugh I’ve had all day

 

[Hollyberry]

I’d find an alternative, secure parking or on road, as suggested. You’re just throwing more money away pursuing this.

 

[Bailey58]

Not enough info for a responsible reply unfortunately.

 

[SpeedyDux]

A lot depends on the wording of the restrictive covenant on which the neighbour's claim is based. And Scots law, which I know nothing about.

There is no test case or legal precedent that I know of which explicitly deals with the definition of "caravan" as including a motorhome or campervan. My gut feeling is that a Judge would not stick his / her neck out by applying a restrictive interpretation, so that in effect it only applies to a touring caravan. Conventional wisdom is that (in the absence of any other relevant statutory definition) the Judge is likely to adopt the definition of "caravan" in the Caravan Sites and Control of Development Act 1960 as amended. This Act also applies to Scotland.

Although personally I believe there are strong arguments that the 1960 Act definition should not be used by Judges in cases where a restrictive covenant affecting a dwellinghouse (as distinct from a caravan site) is in issue, it would be a brave motorhome owner with very deep pockets who would take this challenge on.

 

[Jimbohorlicks]

Taxed and insured with current MoT?

If so park it on the road. Not breaking any covenant then.?

I would go with the above, provided you are not causing an obstruction or otherwise contravening any local bylaws parking restrictions. If your neighbour doesn't like it tell him you will put it back on the drive.

You don't say why your neighbour is objecting. Are you blocking light, a view, too close to the boundary, what is his issue apart from the covenant.?

^{_{Subscribers  do not see these advertisements}}