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New House Covenant - Motorhome

2

Comments

  • user1977
    user1977 Posts: 13,994 Forumite
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    I suspect a different aspect here is the reference to a possibly-ongoing 'management company', as S62 points out.
    In practice, very often such restrictive covenants are put there by the developer as a 'keep it tidy' clause, until the development is completed. After this point, it's comes down to how active they wish to remain involved - often not at all.
    I have witnessed an actual example of this in a local Persimmons dev where the in-laws bought a bungie some 25 years ago. Their neighb moved, and the new prospective buyers asked if a caravan could be stored on their front drive. The deeds said 'no', the sellers said 'no', their potential new neighb's said 'no', but they bought anyway, and parked their mother-of-all-caravans there. Cue annoyed neighb's, including mil (snigger).
    The thing is, nothing could be done about it. Persimm not bothered, Legal Protection wouldn't entertain taking such such action, so the restrictive covenant was effectively moot - nothing could be done to stop them.
    Except, an owner on the estate - a self-appointed 'manager' - made it clear that they'd be upsetting lots of folks, so really very silly to carry on. That worked - they parked off-site due to peer pressure.
    In your case, there are two interesting aspects. One is that there may be a management co. running the joint, and they may be able to enforce the deeds. Wanna risk serious litigation? Stick yer 'home on the drive, and refuse to move it :smile:
    But the other interesting aspect is the 'visible' part. Blimey. So, if you were to construct a screening panel to be mounted in front of her 'home, it wouldn't be 'visible'?

    Well, until the screening panel is removed because somebody enforces the covenant which prohibits such things from being erected...
  • Albermarle
    Albermarle Posts: 22,051 Forumite
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    One day, a recently-moved-in cove working at local window co started to park his company 'van' outside their home. This sizeable vehicle narrowed the entrance to the estate, was an eyesore, and also became the main view for a couple of their neighb's. Oooooh, trouble ensued, but it didn't actually affect sil, tho' she could appreciate how unreasonable his actions were.
    It took one hell of a lot of doing before he was obliged to leave his van at work, and use his car to commute. The management company were very slow, and reluctant, to act. 

    I think probably working vans are more of a grey area, as someone could say I need it there overnight for my job, and I have a right to work. For example if they were a one man band plumber.

    Could cause  issues if some curtain twitcher was getting shirty, because an honest tradesman was just trying to make a living.

  • user1977
    user1977 Posts: 13,994 Forumite
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    One day, a recently-moved-in cove working at local window co started to park his company 'van' outside their home. This sizeable vehicle narrowed the entrance to the estate, was an eyesore, and also became the main view for a couple of their neighb's. Oooooh, trouble ensued, but it didn't actually affect sil, tho' she could appreciate how unreasonable his actions were.
    It took one hell of a lot of doing before he was obliged to leave his van at work, and use his car to commute. The management company were very slow, and reluctant, to act. 

    I think probably working vans are more of a grey area, as someone could say I need it there overnight for my job, and I have a right to work. For example if they were a one man band plumber

    In what sense do they have a "right to work"? It doesn't mean they can plonk all of their work-related vehicles on the estate.
  • NameUnavailable
    NameUnavailable Posts: 2,856 Forumite
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    That clause doesn't specifically mention motorhomes. Also some motorhomes are very small (Renault Kangoo?) and some are as large as a bus. Too many variables without seeing the actual motorhome and where it's parked to give an opinion but assuming it isn't a massive bus and isn't going to block light/access for neighbours I'd just park it and see if anything is said (whilst having a plan B if it is an issue).
  • Section62
    Section62 Posts: 7,782 Forumite
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    That clause doesn't specifically mention motorhomes. Also some motorhomes are very small (Renault Kangoo?) and some are as large as a bus. Too many variables without seeing the actual motorhome and where it's parked to give an opinion but assuming it isn't a massive bus and isn't going to block light/access for neighbours I'd just park it and see if anything is said (whilst having a plan B if it is an issue).
    In what way is a motorhome not a similar type of vehicle to a "light goods vehicle" or "caravan" ?

    Motorhomes don't need to be mentioned specifically because the "similar type" covers it.

    'Light goods vehicles' include car-derived vans (e.g. Kangoo sized), so it can't really be argued that the covenant was only intended to restrict larger motorhomes.
  • lincroft1710
    lincroft1710 Posts: 17,624 Forumite
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    Section62 said:
    That clause doesn't specifically mention motorhomes. Also some motorhomes are very small (Renault Kangoo?) and some are as large as a bus. Too many variables without seeing the actual motorhome and where it's parked to give an opinion but assuming it isn't a massive bus and isn't going to block light/access for neighbours I'd just park it and see if anything is said (whilst having a plan B if it is an issue).
    In what way is a motorhome not a similar type of vehicle to a "light goods vehicle" or "caravan" ?

    Motorhomes don't need to be mentioned specifically because the "similar type" covers it.

    'Light goods vehicles' include car-derived vans (e.g. Kangoo sized), so it can't really be argued that the covenant was only intended to restrict larger motorhomes.
    If an item is not specifically mentioned, it could lead to an argument that the item in question  is not similar to those specifically mentioned. Although motorhomes are patently not goods vehicles, they are either goods vehicle conversions or based on part of a goods vehicle. So I agree that in this case "similar" covers it


    Incidentally the Renault Kangoo is a purpose built van so clearly fits the light goods vehicle category.
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  • Bonniepurple
    Bonniepurple Posts: 575 Forumite
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    I’d wonder what they’d make of my vehicles - a Peugeot Partner car (shoebox on wheels) and a Peugeot Expert Independence (Wheelchair Accessible Vehicle) which is far bigger but needed to accommodate the family and my mobility stuff.  
  • lincroft1710
    lincroft1710 Posts: 17,624 Forumite
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    I’d wonder what they’d make of my vehicles - a Peugeot Partner car (shoebox on wheels) and a Peugeot Expert Independence (Wheelchair Accessible Vehicle) which is far bigger but needed to accommodate the family and my mobility stuff.  
    I'd like to see the brave person who would object to a disabled person's vehicle because it wasn't a private car!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • bobster2
    bobster2 Posts: 513 Forumite
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    edited 20 January at 10:08PM

    Incidentally the Renault Kangoo is a purpose built van so clearly fits the light goods vehicle category.
    If you go with DVLA status it could depend on how it became a camper.
    If it started out as a Kangoo panel van (originally no windows in the back) that was converted into camper then it'll probably be registered with the DVLA as a van - i.e. N1 light goods vehicle.
    However, if it started as a passenger Kangoo - i.e. with rear passenger seats and windows all round - it's probably registered with the DVLA as a "car" (M1).
    Many van based MPVs (e.g. VW Caddy) are M1 "car" if they came out of the factory with rear passenger seats and windows all round.
  • lincroft1710
    lincroft1710 Posts: 17,624 Forumite
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    bobster2 said:

    Incidentally the Renault Kangoo is a purpose built van so clearly fits the light goods vehicle category.
    If you go with DVLA status it could depend on how it became a camper.
    If it started out as a Kangoo panel van (originally no windows in the back) that was converted into camper then it'll probably be registered with the DVLA as a van - i.e. N1 light goods vehicle.
    However, if it started as a passenger Kangoo - i.e. with rear passenger seats and windows all round - it's probably registered with the DVLA as a "car" (M1).
    Many van based MPVs (e.g. VW Caddy) are M1 "car" if they came out of the factory with rear passenger seats and windows all round.
    My point was that the Kangoo was designed as a van rather than being derived from a car.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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