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.
ColonelMoutarde
Caravanner