Caveat on house deeds

charlies_mum

The layout of our drive means that the caravan wouldn’t be obstructing anyone’s view so think I’m going to risk it.   Hopefully the council are far too busy  now to bother. 

Silvertabby

charlies_mum said:

The layout of our drive means that the caravan wouldn’t be obstructing anyone’s view so think I’m going to risk it.   Hopefully the council are far too busy  now to bother. 

I was going to ask if you are on a corner, so the van could be a hazard for drivers, but that doesn't appear to be the case.

Perhaps the council employee had his 'job's worth' hat on that day, and you were the nearest target ?

Section62

Jeepers_Creepers said:

Blimey, the council asked you to move your caravan? And you did so, even tho' other folk also had caravans parked on their drives? Is there any way your caravan might have been restricting access in any way? If not, someone was out of order - possibly some jobsworth acting on an irate call from someone else on your estate.

The council will become involved in instances of 'nuisance' or 'EH' such as the burning of waste products, but it sounds like a bit of a stretch in your case!

....

Which is actually probably the 'right' thing, since you, yourself, also used to park yours, and would likely have continued to do so until the council became involved (almost certainly wrongly, funnily enough...)

Councils are often the beneficiaries of covenants (sometimes in addition to a developer, sometimes independently).

And they have a lot more to enforce than covenants, and the examples you give.

charlies_mum said:

The layout of our drive means that the caravan wouldn’t be obstructing anyone’s view so think I’m going to risk it.   Hopefully the council are far too busy  now to bother. 

Are you absolutely sure the issue was a breach of covenant, rather than a breach of planning condition (for example)?  Despite the myths, council staff (even the 'jobsworth' ones) don't normally attempt enforcement action unless there are grounds to do so.

Do you remember exactly what they did to stop you parking the caravan? If, for example, it was a planning enforcement notice then it is a criminal offence not to comply. And you won't necessarily get further warning before further action is taken.

Before risking it you should really find out exactly what the situation is, rather than just relying on advice from random folks on the internet using their own personal experiences and assumptions. In your case the prior action makes a significant difference.

charlies_mum

We have the original paperwork that we signed with the builders and the document entitled “Land  Registration Acts 1925 to 1986.  Transfer of Part  of Freehold Land Imposing Fresh Restrictive Covenants” has a clause which states “not to park on any part or parts of the property any commercial vehicle Caravan boat or trailer whatsoever”.  

I have spoken with my local council who really don’t have a clue, the girl checked with parking and they didn’t know.    She suggested I write to Highways but I don’t think they will know.  

I remember receiving a letter from the council years ago saying that the caravan had to be moved unless we could get it behind the front of our house but that isn’t possible.  

Where we intend to park it is on our drive, not causing an obstruction and not blocking anyone’s view so I really can’t see a problem.  

Jeepers_Creepers

charlies_mum said:

We have the original paperwork that we signed with the builders and the document entitled “Land  Registration Acts 1925 to 1986.  Transfer of Part  of Freehold Land Imposing Fresh Restrictive Covenants” has a clause which states “not to park on any part or parts of the property any commercial vehicle Caravan boat or trailer whatsoever”.  

I have spoken with my local council who really don’t have a clue, the girl checked with parking and they didn’t know.    She suggested I write to Highways but I don’t think they will know.  

I remember receiving a letter from the council years ago saying that the caravan had to be moved unless we could get it behind the front of our house but that isn’t possible.  

Where we intend to park it is on our drive, not causing an obstruction and not blocking anyone’s view so I really can’t see a problem.  

I'm at a loss as to why the council got involved previously - covenants in deeds do not concern them.

If other folk on the same estate are parking caravans and commercial vehicles outside their homes, then the same should apply to you.

The only folk who might complain would be other folk on the estate, and citing the covenant. In which case you ask them why this is not applied consistently to all - and insist on a straight and honest answer.

If the council gets in touch, ask them, "In what way does this involve you?" Insist on a straight and honest answer.

If another householder threatens to get 'legal', explain - nicely - that they are entitled to try, but that you will fight it as the precedent has been set by X number (count them...) of other households. Chances are that'll they'll do now't, or will get as far as making an enquiry of a solicitor or their LegProt, but will be told "Best not to go there, luv..."

sheramber

I remember receiving a letter from the council years ago saying that the caravan had to be moved unless we could get it behind the front of our house but that isn’t possible.  

That sounds more like a planning issue than a covenant.

charlies_mum

I phoned the council and after half an hour wait got through to a very nice lady who tried to help but couldn’t.    She did ask if it is a council property (which it isn’t).

Why would I need planning permission to park on my own drive ?    

Having read up more I have found out that apparently any of my neighbours could enforce the covenant and if it went to court I would lose. 

Pok3mon

I am in the process of buying a house with such covenant. We went for this house as it has a 10m drive and in a corner so will fit my 7.5m motorhome we are planning on buying. 

The house is 6 years old and builder (small developer) is still trading.

I have checked with the solicitor and the developer is the only one who can enforce it.

It also says no vans, no trailers, no sky dishes on the front of house / visible from road and no caravans. 

At last count on the small estate 9 Sky dishes, 5 vans, 1 trailer, 1 caravan.

So we have decided to risk it. I do have the ability to store at work if needed anyway. But my thought is if they decide to enforce my motorhome I will force them to enforce all other infringements.

Covenants are notoriously expansive to enforce and can be deemed unreasonable at court.

Recent wins
Man classed motorhome as a hobby, allowed to keep his hobby at home.

Right to enjoyment of home is another common one.

Check out some caravanning forums this has been done to death.

People including me get annoyed if it blocks someones else's light, hangs over the pavement, blocks views when driving eg on a corner.

Section62

Jeepers_Creepers said:

 

I'm at a loss as to why the council got involved previously - covenants in deeds do not concern them.

You needn't be at a loss....

Section62 said:

Councils are often the beneficiaries of covenants (sometimes in addition to a developer, sometimes independently).

And they have a lot more to enforce than covenants, and the examples you give.

charlies_mum

Like you we have a 30ft drive in a corner and the caravan will be tucked into the top corner.      It will be visible but won’t block any light or cause an obstruction.

the covenant was enforced by the builder who have now ceased trading.    How will the council be the beneficiary of the covenant and how do I find out ?

other covenants include not lopping trees or erecting walls or fences.     If the council decide to enforce, it would affect half the estate (and it’s a big estate)