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.

DEBSC replied on 20/12/2019 10:09

Posted on 20/12/2019 10:09

I think that the last two posts just about sum it up. Complaining is one thing but taking the matter further and paying to do so is another. Also some people do try to be very controlling. My advice is to leave it where it is, then if you get a legal letter, decide what to do then.

derekcyril replied on 20/12/2019 17:48

Posted on 20/12/2019 17:48

This subject takes me back a bit , Last house parked caravan on drive end of culdesac not in anyones way .. Tucked in corner . Who moaned ? bloke other side of fence , didnt like to see 2 foot of white over fence , although it had been there for 10 years ? Moved house to a nice little bungalow , parked a yellow van at side of house for one night , woman came round , that looks disgusting lowering tone ,if it was sign written you cant park it here ! Asked if she owned a house here , no ,i am a partener of so and so ,,not youre house ,no . bugger off !

Takethedogalong replied on 21/12/2019 12:13

Posted on 21/12/2019 12:13

We don’t get problems at home, lovely neighbours. But I did have to sort one out bothering my Mum. All over nothing really, but they were bullies. I stopped them in their tracks by pointing out that any disputes with neighbours, particularly if solicitors or police involved, have to be declared when selling house, so it could impact on the resale value and marketability of their own property, so would they like to shut up before I escalated things. Not a peep after that. They moved not long after, to a huge sigh of relief from everyone around.😂

John4703 replied on 26/12/2019 19:17

Posted on 26/12/2019 19:17

Many solicitors offer a first consultation free of charge.  It might be worth asking advice and asking how much to send the complainer a letter telling him that he is wrong and does not have any rights. (assuming that is the situation)

 

clarinetman replied on 27/12/2019 17:31

Posted on 27/12/2019 17:31

We have a covenant as many have said, when we put our caravan on the drive we only had 2 complaints and both live nowhere near and could not see our houes never mind the caravan.

one complainant actually was high up in the management at Truma years ago told him he had a cheek as he made a nice living out of people like me and the other I advised to walk a different route to avoid passing my house. That was 15 years ago had no problems all that time.

Ignore him just trying to intimidate you.

MDD10 replied on 08/02/2020 07:31

Posted on 08/02/2020 07:31

My advice is don’t start engaging legally with him even as just a letter from a solicitor as A) it will cost you and B) some obsessives of which he sounds a little like will take up the challenge.

We have covenants in our deeds as well...I recall no chickens etc but also know from when having moved the legal advice was very much that in general covenants are for when the site is being built and tend not to be enforced.  However, that is very general and if there were a specific covenant of which breaching it caused some significant interference to a neighbour from which they demonstrated a detriment then in theory they could take legal action and have it enforced.  I understand they would have to demonstrate the have suffered an actual interference or detriment though.  From what you have said, your not so near neighbour would really struggle to evidence that

There are loads of places and estates with unenforceable covenants.  Most of the open plan estates built in the 1950s onwards had rules about not having fences over 2 foot tall on the front garden but allowed 3 foot in from the boundary!  My fathers house was like that with a 6 foot fence 3 foot in from the boundary,  but then the covenant didn’t allow for hedges...so people just did that.  Nothing was ever enforced as the detriment was not being able to experience the beauty of other gardens in the estate

 

i would just carry on and ignore him

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