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

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Comments

  • GDB2222
    GDB2222 Posts: 26,668 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 11 April 2023 at 1:50PM
    You don’t need to move the caravan unless the planners serve an enforcement notice on you or the entire site. 

    Whilst you may not have planning permission, it is still very valuable for you to have the opportunity to use it in the way you are. So, keeping a low profile, to stay under the radar of the planners seems decidedly sensible, and very much in your interests.  Perhaps a lot of the things that you complained about are to do with that? 

    No reliance should be placed on the above! Absolutely none, do you hear?
  • Gehngus
    Gehngus Posts: 62 Forumite
    Seventh Anniversary 10 Posts
    GDB2222 said:
    You don’t need to move the caravan unless the planners serve an enforcement notice on you or the entire site. 

    Whilst you may not have planning permission, it is still very valuable for you to have the opportunity to use it in the way you are. So, keeping a low profile, to stay under the radar of the planners seems decidedly sensible, and very much in your interests.  Perhaps a lot of the things that you complained about are to do with that? 

    The caravan can't be seen from the road or track. The only way to know it is still there is by walking up the private drive (also on my land) and through the trees.
    The guy who is selling the land seems to think he can do this, and it is him that's is asking for it to be moved off the site, he takes a photo, and then I can put it back.
    Unfortunately the moving it is the big problem, and something we wouldn't want to do on a regular basis. 
  • Gehngus
    Gehngus Posts: 62 Forumite
    Seventh Anniversary 10 Posts
    ProDave said:
    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.
    I don't have a copy of my ad to hand.
    But they are currently being sold as:

    Freehold land, registered with Land Registry. 
    Vehicle access and parking suitable for a caravan, camping or motorhome.

    You can not live on the land. You can stay over in a Caravan, motor home or safari tent.
  • lincroft1710
    lincroft1710 Posts: 19,191 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Gehngus said:
    ProDave said:
    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.

    Freehold land, registered with Land Registry. 
    Vehicle access and parking suitable for a caravan, camping or motorhome.

    You can not live on the land. You can stay over in a Caravan, motor home or safari tent.
    I remember seeing ads in  "Exchange and Mart" back in the 1960s for land with similar usage The plots were completely overpriced!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • ProDave
    ProDave Posts: 3,785 Forumite
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    I would still not be in a hurry to move your caravan.  But I do wonder if the vendor is getting investigated by the council planning and he now wants to "prove" there are no permanent caravans?  Removing yours and photographing the empty plot resets the clock for any hope of lawful development.

    I hope you did not pay much for this land?  Without planning the only thing you can legally do is use it for it's existing planning use, which might be agricultural or might be amenity?  Or you could put your caravan there and use it for 28 days a year then remove it.
  • MobileSaver
    MobileSaver Posts: 4,377 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Gehngus said:
    Permanent means indefinitely in the dictionary. I'm happy to take it off when I'm finished using it. It's a huge task involving tractors. 
    I think you are on thin ice with the caravan; the legal definition of "permanent" is generally accepted as being "the opposite of temporary". I can't see you convincing a court that storing your caravan on the land since 2019 is temporary...

    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • Gehngus
    Gehngus Posts: 62 Forumite
    Seventh Anniversary 10 Posts
    ProDave said:
    I would still not be in a hurry to move your caravan.  But I do wonder if the vendor is getting investigated by the council planning and he now wants to "prove" there are no permanent caravans?  Removing yours and photographing the empty plot resets the clock for any hope of lawful development.

    I hope you did not pay much for this land?  Without planning the only thing you can legally do is use it for it's existing planning use, which might be agricultural or might be amenity?  Or you could put your caravan there and use it for 28 days a year then remove it.
    I think, like all the others here. We took the vendors word, or as advertised. 
    I think there are 12 plots with caravans, shepards guys or gypsy caravans her now, and and many more plots for sale. 
    Some are over £100k.
    A great return on land purchased for less than the asking price of one plot, this bit I understand. But isn't the vendor in some way responsible to check he can sell under these terms? 
  • user1977
    user1977 Posts: 18,815 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Gehngus said:
    ProDave said:
    I would still not be in a hurry to move your caravan.  But I do wonder if the vendor is getting investigated by the council planning and he now wants to "prove" there are no permanent caravans?  Removing yours and photographing the empty plot resets the clock for any hope of lawful development.

    I hope you did not pay much for this land?  Without planning the only thing you can legally do is use it for it's existing planning use, which might be agricultural or might be amenity?  Or you could put your caravan there and use it for 28 days a year then remove it.
    A great return on land purchased for less than the asking price of one plot, this bit I understand. But isn't the vendor in some way responsible to check he can sell under these terms? 
    No, it's up to you to check all of that (with the assistance of your own professional advisors).

    Did you discuss how you were planning to use the land with your solicitors? What advice did they provide, given the planning and covenants which seem to apply?
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It seems to me the vendor may be running scared that there will be planning enforcement and then he will either be unable to sell any more plots, or be sued for false advertising, or both...
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
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