wording of our covenant. (1 Viewer)

[Silver-Fox]

Bu

If you had looked carefully, you would have seen that the OP is a relative newby and doesn’t spend every waking moment on here. Please note smiley. So Specsavers for you my man.
My BIL has a similar covenant on his property but that’s because he lives on a housing ‘development’ not ‘estate’. Mike

Unfortunately I can’t see it’s a relative newbie due to either my poor eyesight or the fact I posted from my phone and it doesn’t give that information
Also note the smiley and it may be both the reasons above or even senility, who knows

 

[Minxy]

If you want to get on with the Dickenses then go over and tell him your plans, if not then leave him to stew about it and take legal action if necessary which I doubt he will! If there are others in the street who have vehicles etc which breach the covenants he'll be very unpopular as AFAIK it would affect all of them, not just you, if it was enforced.

 

[Abacist]

What was the actual covenant though and was there also one regarding light etc?

Sorry too long ago to remember and Dad has long since passed away but I seem to remember that the whole focus was the covenant not allowing caravans to be stored/parked on the property.

The problem is that the caravan was sitting there for probably 11 months of the year casting a shadow over Mum & Dad's house, spoiling the view and the natural light.

Whilst I have a motorhome at home its tucked away beside the property and does not spoil the neighbour's enjoyment of their house or garden and their house is about 5 feet higher than ours so is barely visible behind the fence.

Mum & Dad eventually moved after a few years to a rural bungalow and they were more suited to that than the confines of a housing development/estate.

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[Abacist]

I think its also fair to say that people are more concerned nowadays about not having disputes with neighbours as it can be a problem when you come to sell your house as any dispute has to be declared. I think someone ended up losing their house because they had to compensate the people who bought their old house as they had not disclosed problem neighbours.

 

[Minxy]

It might have been the 'right to light' that was also taken into account as that used to be enforced in the past, nowadays it's less likely to count.

 

[Geo]

Have you tried having a chat with your neighbours - maybe over a beer or glass of wine?

And inform him of the alternative to temporally allowing MoHo parking
To purchase and site, on your drive a 30ft bright orange shipping container,
to use as a shed for your 25 year building project to erect a 12" x 12" bird box on your front lawn
Rules can always be used to ones advantage

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[Reallyretired]

Not wholly irrelevant I hope but my insurance with Comfort only allows my mh to be parked away from its registered storage site unoccupied for max 48 hours (was 36hr). I would imagine other insurances are similar.
It is very rarely parked at home and then only overnight.

 

[lorger]

As someone else mentioned I bet loads of people are breaking the covenants including your neighbours, also how old is the house as I believe they sometimes only last for a set period like ten years. One of the main reasons for builders putting them in it to keep the place looking neat and tidy while they try and sell houses.

When we purchased a new house a while back we wrote to the builder listing various things we wanted to do like fit a sat dish, erect a shed and several others, the builder just wrote back agreeing so might be worth a try.

 

[Minxy]

We bought a new bungalow in 2006 in a corner plot and the large drive was at the front adjacent to the front garden of the house opposite (who's drive was at the side). We found there was a covenant put on by the builder preventing any vans, caravans etc to be parked in front of the properties, but they could be put down the side so long as they weren't forward of the building lines - no good for us as the drive being in front of the building line meant all we could ever put on it were cars!

As we were going to move there ourselves (we've rented it out since purchasing it as plans changed) we needed to sort this out and came up with putting up a boundary fence between us and the facing neighbour which in effect moved the building like from the front of our bungalow to the fence but ONLY if it was done before we completed on the property as it had to be shown on the deeds, this we did at a cost of a few hundred quid (its a good quality fence so no issue with the cost).

I know it would be extremely unlikely that we'd have had any issues anyway being an end property in a cul-de-sac but at least so in the future we won't have any problem ourselves if we move there or if we come to sell as there'll be no issue for buyers to be concerned about.

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[Deleted member 29692]

@NickNic

Is this info' incorrect ?

Under land law, restrictive covenants ‘run with the land’. This means they bind all successive purchasers/owners of the property (unless the terms of the covenant state otherwise). It is possible for a restrictive covenant to be discharged by agreement with the person who has the benefit of the restrictive covenant. If necessary, an application can be made to the Lands Tribunal for an order discharging or modifying the restriction; for instance, if the restrictive covenant is interfering with the use of the land.

No it’s not incorrect.

It’s still only the person or organisation who put the covenant in place that can directy enforce it though.

As I posted earlier there is a mechanism in place for other parties to attempt to get it enforced but it’s slow enough, complicated enough and expensive enough to deter people when it’s something trivial. Even if someone did try it they would have to show how you breaking the covenant is affecting them directly. Just saying that you’re breaking it isn’t enough.

Been through this on our property. We live on a little development that’s about 10 years old and there are all sorts of covenants in place, all put in place by the developer and designed to keep the site pretty when it was being sold. All of them are completely unenforceable now and ignored at will.

 

[Jim]

In my defence

No defence required. There is no prosecution

 

[mitzimad]

I wouldnt park a caravan or motorhome on my own property if it blocked the view of a neighbour i would have thought that is the normal way to think, overnight a few times a year fine constantly no

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[tonyidle]

I wouldnt park a caravan or motorhome on my own property if it blocked the view of a neighbour i would have thought that is the normal way to think, overnight a few times a year fine constantly no

It would de,pend on what l was doing on my side of it.

 

[JJ]

Neighbours hey!

Who'd have 'em?

(I never need a cup of sugar.)


JJ

 

[joka250]

My opinion if motorhome parked on drive you are likely to be at home if not you are away. Open invitation.

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[The Wino]

When you see the neighbour just say thanks for pointing out the covenant as you were going to park on your drive but now realise you will have to park on the road outside his house!

 

[buttons]

I am planning on putting our motorhome into storage throughout the majority of the year when we are not using it however there will be spells where it may spend time between our trips away in it on our drive for convenience reasons.
One set of our neighbours have been really chilled out and taken the attitude of live and let live and have talked to us about it and what plans we have for it.
Sadly the other set of neighbours are Dickenses and he has just sauntered over and stated it has to go due to the fact there is a covenant on the area.
I do plan to move it and should he have been polite and reasonable he would have found that out.

The wording of the covenant is as follows.....
"No hut tent or caravan or house on wheels or other chattel (except a shed for the purpose of building in the land) shall be allowed to remain on the land hereby transferred or any part thereof"

So can anyone with Direct or Legal experience tell me if I can have it here temporarilly or if this statement is direct enough to apply to a motorhome?

Personally I think we all must show some respect for our neighbors, I would hate a large motorhome or caravan parked restricting my view or generally lowering the tone of the area. However, if as you say you will only be parking it on your drive for a day or two at a time between trips then I cant see a problem arising. It will be back in storage before any neighbors have chance to complain.

 

[tonyidle]

generally lowering the tone of the area

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[ABZSteve]

I am planning on putting our motorhome into storage throughout the majority of the year when we are not using it however there will be spells where it may spend time between our trips away in it on our drive for convenience reasons.
One set of our neighbours have been really chilled out and taken the attitude of live and let live and have talked to us about it and what plans we have for it.
Sadly the other set of neighbours are Dickenses and he has just sauntered over and stated it has to go due to the fact there is a covenant on the area.
I do plan to move it and should he have been polite and reasonable he would have found that out.

The wording of the covenant is as follows.....
"No hut tent or caravan or house on wheels or other chattel (except a shed for the purpose of building in the land) shall be allowed to remain on the land hereby transferred or any part thereof"

So can anyone with Direct or Legal experience tell me if I can have it here temporarilly or if this statement is direct enough to apply to a motorhome?

What is it if you take the wheels off

 

[buttons]

I cant believe when driving around some of the places that people park their gin palaces....

 

[mitzimad]

What is it if you take the wheels off

a static

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[tonyidle]

I cant believe when driving around some of the places that people park their gin palaces....

True enough .

 

[sweetie]

My opinion if motorhome parked on drive you are likely to be at home if not you are away. Open invitation.

No different than taking car off drive when going on holiday or shopping.

 

[Jim]

I would hate a large motorhome or caravan parked restricting my view or generally lowering the tone of the area.

Is that possible?

Maybe, I see what you mean. This is a genuine picture from Luton and that motorhome is spoiling everything.



Source . Luton the Dirtiest town in Britain? Still sporting that red beard Buttons? I think they might have caught you in one of the pics

http://metro.co.uk/2015/12/13/and-the-award-for-the-dirtiest-town-in-britain-goes-to-5562214/

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[buttons]

Is that possible?

Maybe, I see what you mean. This is a genuine picture from Luton and that motorhome is spoiling everything.



Source . Luton the Dirtiest town in Britain? Still sporting that red beard Buttons? I think they might have caught you in one of the pics

http://metro.co.uk/2015/12/13/and-the-award-for-the-dirtiest-town-in-britain-goes-to-5562214/

I drove through Luton last week, this picture was tgaken in the posh part of the town. Having said this, I think they are attempting to smarten it up in some area's. They are spending a fortune around M1 Junction 10, I think it is to get passenger's from the M1 to the airport without seeing what else Luton has to offer.

 

[dabhand]

I think “allowed to remain” is probably your defence if it’s only for short periods then you are not allowing it to remain, anyway tell him your a gypsy, can’t see anyone interfering then! And don’t forget to empty your cassette in his garden, purely for the benefit of the roses of course.

 

[rangi]

I was working on Kernick House, an old "big house", the walled garden had been turned into a small development, some dipsxxt wrote on my windscreen, in Lipstick "no vans allowed to be parked on this development"

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[gus-lopez]

To the OP.Ascertain what ALL the covenants are & which ones said neighbour is breaking.
We even had ones stating windows/doors etc; could not be changed which nullified my neighbours complaint when I mentioned that everyone ,including them ,had already broken them & if we were going down the legal route I would drag in all 23 properties as each had infringed most of the covenants.

 

[Jonny5]

To be honest I just want to hedge my bets. I don't intend to keep our motorhome on our drive as its right in front of our windows and I don't want to upset our other neighbours as they are lovely people. That said there is a piece of land (we own) along side the private drive to our houses (there are only 3 houses in our close) I had looked at developing this piece of land to park the motorhome on and keeping it there under a cover. This would involve chopping a few dead branches out of an oak tree beside the land, grading it down, filling with compressed scalpings/hardcore then putting a membrane in and gravelling. This probably equates to the cost of a couple of years of storage. I'm half tempted to let him try to enforce the covenant and if we win or he loses his nerve I know that I wont be wasting my money if I start to develop said piece of land.