Restrictive covernant on campervan

Landroverman

We live in a small cul de sac with a restrictive covernant on the parking of "commercial Vehicles".
We have bought, for private use, an old ambulance and converted it to a campervan.
Our neighbour now tells us this breaks the covernant,as far as i am aware the camper is not a commercial van, as it is not used for the carrying of "goods or burdens"
Do you think this is right, as there does not seem to be a definition of "commercial vehicle".

Richard_Webster

I would agree that generally speaking something you have converted for private use is not a commercial vehicle - but it could depend on the context of other wording of the covenant.

However, more importantly, is there actually anyone around who could legally enforce the covenant?

Dave70

if you have changed the ambulance to a camper van then you will have/must change the V5 document to relflect the change to private vehicle. the way you will not be in breach of the covenant

datostar

A camper van is not a commercial vehicle. Agree about the V5 - it should be licensed exactly the same as a private car. Nor is it a caravan, in respect of which there are often similar covenants. I don't see how they can touch you.

Landroverman

We will be changing the V5 to a body type Motor Caravan, as requested by DVLA, however the tax is still Light Goods Vehicle, we were worried that this still ment "commercial"
Thanks to all for your comments

DVardysShadow

Landroverman wrote: »

We will be changing the V5 to a body type Motor Caravan, as requested by DVLA, however the tax is still Light Goods Vehicle, we were worried that this still ment "commercial"
Thanks to all for your comments

I think you have a fair argument that the DVLA vehicle classification relates to the construction, whereas the covenant relates to the use of the vehicle - and that as an ambulance or as a campervan, it is not commercial.

maninthestreet

Landroverman wrote: »

We will be changing the V5 to a body type Motor Caravan, as requested by DVLA, however the tax is still Light Goods Vehicle, we were worried that this still ment "commercial"
Thanks to all for your comments

Isn't the classification called 'Private/Light Goods Vehicle', so is no different than any other private car on the roads?

Brock_and_Roll

Even if your (snotty) neighbour is technically correct, who is the restrictive convenant in favour of?

If the person is long since gone and the covenant no longer relevant to their heirs and successors when not only will they not want to get involved in enforcing it, but from experience the courts may not enforce it anyway as recent cases have tended to have to show that the covenant holder would have to be detrimentally affected by the covenant breach - which if they live 10 miles away is unlikely.

If it is a recent build leasehold, and the covenant holder is the freeholder (either the builder or the residents association) then it may be a bit more tricky, but I would still play hardball.

So I would tell your neighbour to MYOB!

Mr_Thrifty

don't be a fool, it's bleedin obvious a camper van isn't a commercial vehicle unless you sell burgers out of the back window or something

timmyt

if it was enforced you might be in a bit of trouble as the point of the covenant is to stop anything other than private motor vehicles.

think of your neighbours, and the devaluing of the estate if people start driving an ambulance up the drive - an ugly sight

PasturesNew

Well, what they really mean is: bugg4h, look at that bloomin' eyesore... what a peasant!