Caravan on a driveway

ColonelMoutarde replied on 11/12/2019 11:42

Posted on 11/12/2019 11:42

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), one 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.

JillwithaJay replied on 17/12/2019 13:06

Posted on 17/12/2019 13:06

We had a covenant on our local development many years ago and, apart from the builder or a moaning neighbour, nobody is likely to want to enforce it.  The builder who built our development has long gone and there are now many caravans/motorhomes on driveways around and about.

It largely depends on how you value your relationship with the neighbour.  I'd agree with your views and, personally, I'd ignore him and let him do whatever he wants.  He's trying to bully you into moving your van.  Stick with it.  He really can't do much.

EmilysDad replied on 17/12/2019 13:15

Posted on 17/12/2019 13:15

the fact he's an ex-copper says it all. 

Do as you're doing and wait for the solicitor's letter, if indeed it ever gets that far. Ignore him, as J-with a-J says, he's trying to bully you.

rjb replied on 17/12/2019 13:26

Posted on 17/12/2019 13:26

Covenant's only last 10years from date of first purchase

moulesy replied on 17/12/2019 13:30

Posted on 17/12/2019 13:30

What do the other neighbours think? I'd either ignore him all together or try to explain rationally to him why you're choosing to store the van there (might be a bit difficult as he sounds a bit irrational!)

I don't think he's got a leg to stand on - like, Jill, there was a covenant on our house when it was originally built, but that is really to protect the developer's interests - once they've finished the estate they're very unlikely to be interested.

So stand your ground, you could consult Citizen's Advice - they may be able to put your mind at rest.  

EmilysDad replied on 17/12/2019 13:41

Posted on 17/12/2019 13:41

 The covenant on our housing estate states that all front gardens are to remain open plan .... I can count the open plans front gardens on one hand and have fingers left over. And next door keeps their caravan on their drive, though the house was built at a much later date.

MalcMc replied on 17/12/2019 13:43

Posted on 17/12/2019 13:43

we have the same ruling, but only restricts caravans, so our MH sits on the drive unopposed, but I did let the neighbours know our plans First, luckily they like the van and wished us the best, wait it out, sitting on your property after all.

richardandros replied on 17/12/2019 14:30

Posted on 17/12/2019 13:26 by rjb

Covenant's only last 10years from date of first purchase

Posted on 17/12/2019 14:30

Only if it says that in your particular Deeds.  The covenants on our properties last 'in perpetuity' which is defined, in the Deeds, as 50 years from the date of the first transfer.

DavidKlyne replied on 17/12/2019 14:57

Posted on 17/12/2019 14:57

I doubt whether anyone here can answer the question you raise with any certainty. Given that you have recently become the owner of the property I assume some legal transfer was undertaken by a Solicitor? If that was the case said Solicitor should have made you aware of any restrictions on the building and land. If they have not done that, hopefully not an oversight, perhaps there are no restrictions? If that is the case you are free to keep the caravan there. It then depends how far you are willing to go to appease said neighbour. If its on a corner could you perhaps move it more round the side of the house out of view? Perhaps you need to be mindful that it is not you living there so your in laws are going to be the ones taking the flack most of the time.

David

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