Caveat on house deeds

Section62

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”.  

The part further down in your post about moving the caravan so it was behind the front of your house would suggest a covenant or planning restriction is the most likely.  The BiB above suggests that it isn't this covenant the Council were concerned about, because you would still be in breach if you moved the caravan to a different part of the property.

There could be a different covenant elsewhere in your deeds?  If not, a planning restriction/condition seems more likely.

charlies_mum said:

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.  

Council parking departments usually only deal with on-street parking and off-street public car parks.  Sometimes they get involved with parking on council estates, but none of that is applicable to your situation.  If the caravan was blocking a sightline or obstructing a footway then highways might be involved, but again that doesn't seem to be applicable.

The two most likely departments to ask are 1) Planning (for planning restrictions/conditions), and 2) Legal Services (for covenants)

charlies_mum said:

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.  

Did you keep a copy of the letter?  It should explain exactly what the problem was and the consequences if you didn't comply. If you can find it then you won't need to ask the council and risk them then keeping an eye out for the caravan to reappear.

The letter also effectively rules out the 'jobsworth' scenario.  Council's don't send out enforcement-type letters without having grounds to do so. It is far more formal than a 'jobsworth' bending the rules and having a word with you on site in circumstances where they could later deny the conversation ever took place.

charlies_mum said:

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. 

When planning consent is given the council usually includes conditions about how the property will be built and used. The conditions override any planning rights you would otherwise have.  An example is where an estate is designed as 'open plan' there will be conditions about not putting up walls and fences.  It is also possible that caravans parked on driveways could be detrimental to the 'open plan' design, so a condition could be used to restrict parking to normal family-size cars (for example).

If that is what applies to your property then you could make an application for consent to have the condition removed.  If the nature of the estate has changed over the years the council might now take the view that the condition is no longer necessary, or they could decide that it is still appropriate and refuse consent.  Their decision will also depend on consultation with the neighbours, so if one of them was responsible for the original complaint then they could object to your plans.

charlies_mum

When first built it was an open plan estate but over the past 30 years it has changed beyond all recognition.    If I get the council involved and they ask the neighbours, they will all agree apart from one.    For that reason I’m going ahead and doing it anyway.   

If the council insist on enforcing this covenant then I will be insisting that they enforce all the others.

Slithery

charlies_mum said:

If the council insist on enforcing this covenant then I will be insisting that they enforce all the others.

You are in no legal position to insist upon anything. It's completely up to the council which of their covenants they choose to enforce and which ones to ignore.

AdrianC

Slithery said:

charlies_mum said:

If the council insist on enforcing this covenant then I will be insisting that they enforce all the others.

You are in no legal position to insist upon anything. It's completely up to the council which of their covenants they choose to enforce and which ones to ignore.

The one and only thing they cannot do is selectively enforce on any of the protected characteristics under the Equalities Act.

charlies_mum

So if they enforce the covenant and make me move my caravan, then that has to apply to the whole estate ?

AdrianC

charlies_mum said:

So if they enforce the covenant and make me move my caravan, then that has to apply to the whole estate ?

No. But they cannot only require people of a specific ethnicity to move their caravans.

Section62

charlies_mum said:

When first built it was an open plan estate but over the past 30 years it has changed beyond all recognition.    If I get the council involved and they ask the neighbours, they will all agree apart from one.    For that reason I’m going ahead and doing it anyway.

If someone is likely to object then you need to consider the risk they will complain to the council if you go ahead and do it anyway.  It probably won't make a difference to the eventual outcome, although there might be a marginal difference in sympathy for your position from the council if they previously told/asked you not to do something and you've gone ahead and done it.

This is partly why I said in a previous post that the past action makes a significant difference.

However, you know the neighbours and the relationships between them, so would be in the best place to judge how much trouble one or more people might make for the others.

charlies_mum said:

If the council insist on enforcing this covenant then I will be insisting that they enforce all the others.

If it is a planning issue then it probably won't be a covenant.  If it isn't a covenant then ignore all you've read today about the enforcement of covenants, the two things are completely separate.

You also don't have the power to insist the council enforce other covenants or planning conditions. You can ask them to, but they don't have to act.  For example, they might decide that someone else's caravan doesn't have the same level of visual intrusion as yours does (or vice versa).  Previous enforcement action (and compliance with it) can also tip the balance between further action being taken, or not.

charlies_mum

When we were originally told to move the caravan, I pointed out that there were other caravans on the estate but they weren’t interested and only made us move ours.

out of the other caravans, ours is probably the least intrusive, other houses are in a row with the caravan on the drive blocking their neighbours views along the road.    

If we can’t park our van on the drive that’s fine, but surely the rule should apply to everyone.  

Jeepers_Creepers

Section62 said:

Section62 said:

Councils are often the beneficiaries of covenants

Is that the case here? No, I didn't think so.

(Jeepers...)

Section62

Jeepers_Creepers said:

Is that the case here? No, I didn't think so.

(Jeepers...)

I could be wrong, but I don't remember the OP saying that.