using restrictive covenants to control people and is and make us miserable.

Gehngus

ArbitraryRandom said:

I'm a little confused by your pictures - one of them has tracked changes... 

Are those the actual documents your solicitor checked/that were included as part of the contract of sale that you signed at point of purchase? 

I ask because you said the seller is modifying the later contracts, but for you it's YOUR contract that matters. 

Yes. This is part of my particular contract. On registry the red bits are not there or updated. The guy that bought the next has a 60 day clause on caravan. Since then another 10 plots have sold and assume they get stricter. 
With being all part of one Estate you'd think they would be the same?  Or the seller doesn't realise he didn't add it to mine? 

ArbitraryRandom

Gehngus said:

ArbitraryRandom said:

I'm a little confused by your pictures - one of them has tracked changes... 

Are those the actual documents your solicitor checked/that were included as part of the contract of sale that you signed at point of purchase? 

I ask because you said the seller is modifying the later contracts, but for you it's YOUR contract that matters. 

Yes. This is part of my particular contract. The guy that bought the next has a 60 day clause on caravan. Since then another 10 plots have sold and assume they get stricter. 
With being all part of one Estate you'd think they would be the same? 

No, there's some good reasons why any two separate transactions might not contain the same covenants, but I'd expect your solicitor to not let you sign a copy that's still in draft... 

Gehngus

When purchasing I asked about this clause. We were using a campervan at the time which wasn't an issue. But I felt it needed more clarification. 

The response was "The permanent residence clause is designed to avoid any potential problems and protect you and us from anyone misusing the land and spoiling it by abandoning a caravan etc or claiming it was their home etc."

I can see that the problem really is what is meant by" Permanent" in this clause, and it looks like we may have to move it. The reason I am reluctant to do so is the damage this would cause to the rest of the land, the shrubs and trees, and of course the caravan itself. 
I'm pretty sure if we do get it off it would have to stay off.

I am goimd to propose that we will move it this year when the ground is dry and we have found a new owner for the caravan. Possibly on a free to collect basis.

The whole "lording it over us, demanding meetings and making us hide away has made visiting the place tainted. We haven't been since September 22 due to this. During that time more plots have sold, the track had been destroyed by new traffic and we will be asked to contribute to the repairs. This is a track we spent months getting right. It has become a bit of a shackle. 

So it is likley we will sell if we can't stop him controlling us in so many ways. 

jonnydeppiwish!

What does your solicitor say?

user1977

Gehngus said:

The response was "The permanent residence clause is designed to avoid any potential problems and protect you and us from anyone misusing the land and spoiling it by abandoning a caravan etc or claiming it was their home etc."

But it isn't merely a permanent residence clause, it prohibits you leaving the caravan there permanently, even if you only use it for holidays.

Gehngus

user1977 said:

Gehngus said:

The response was "The permanent residence clause is designed to avoid any potential problems and protect you and us from anyone misusing the land and spoiling it by abandoning a caravan etc or claiming it was their home etc."

But it isn't merely a permanent residence clause, it prohibits you leaving the caravan there permanently, even if you only use it for holidays.

So if I say I intend to remove it this year does this fall in line with the not permanent clause?

Grizebeck

jonnydeppiwish! said:

What does your solicitor say?

Good question....

user1977

Gehngus said:

user1977 said:

Gehngus said:

The response was "The permanent residence clause is designed to avoid any potential problems and protect you and us from anyone misusing the land and spoiling it by abandoning a caravan etc or claiming it was their home etc."

But it isn't merely a permanent residence clause, it prohibits you leaving the caravan there permanently, even if you only use it for holidays.

So if I say I intend to remove it this year does this fall in line with the not permanent clause?

Are you intending to?  It sounds like you've installed a static caravan in a relatively permanent way. Though the chances are any enforcement would take a while anyway.

Gehngus

user1977 said:

Gehngus said:

user1977 said:

Gehngus said:

The response was "The permanent residence clause is designed to avoid any potential problems and protect you and us from anyone misusing the land and spoiling it by abandoning a caravan etc or claiming it was their home etc."

But it isn't merely a permanent residence clause, it prohibits you leaving the caravan there permanently, even if you only use it for holidays.

So if I say I intend to remove it this year does this fall in line with the not permanent clause?

Are you intending to?  It sounds like you've installed a static caravan in a relatively permanent way. Though the chances are any enforcement would take a while anyway.

It's a touring caravan, not a static. Medium size. About 5.5 meters long. 
And yes. If I have to move it I will use it a bit longer and then either give it away or have it removed.

ProDave

I am interested to see what use these plots were described as (are being described as) when he sold them?

Don't be in a hurry to remove the caravan.  Keep it there as low key as you can, don't draw attention to it and eventually if you get away with it long enough without the council finding out, you will be able to get a certificate of lawful development to keep it.  I suspect the vendor wanting to keep it all low key is for that reason that they don't have any planning permission.