HELP NEEDED!! - Builders Covanent re Caravan on drive

clutton_2

there is also a website which helps people to remove unrealistic convenants - just wish i could remember what its called ...... the law society may know .... if you have legal help on your house insurance give them a call - its just not worth spending any money consulting a solicitor for this

do nothing - they will go away - as they dont have a legal leg to stand on ... the original builders are never going to get this coventant lifted - why should they - they built the houses, made their profit - moved on .... sad ghets - thats what your neighbours are - pity them - but just ignore them.

a solicitors letters is only a letter ........

busydaffodil1

nelly wrote: »

Get a tube of no nails from B & Q and no nails their front door up at midnight then when its set at about 2 o clock scream fire get out through their letter box

Oh thats nasty....but how I laughed!!!! Brill idea

BobProperty

nelly wrote: »

Mate of mine speed bit a half inch hole in someonse soil stack and ex foamed it up inside cos they stiffed him over

There was one somewhere on the net where the owner stiffed the plumber over the CH and the new bathroom and only paid him for the CH. The plumber did the bathroom perfectly OK except for one thing, the toilet waste only went through the inner skin of the wall. :eek:

Richard_Webster

If the covenant has been continuously broken for over 20 years no judge is going to give a remedy to anyone in respect of the breach.

In theory people other than the original builder could seek to enforce the covenant. it depends somewhat randomly on whether they have the benefit of the covenants.

This works like this. Builder buys field a puts up a load of houses on it. He sells the first one - Plot 1 and imposes covenants like no caravans etc. Builder retains rest of field for the time being and therefore has the benefit of the covenants. He then sells Plot 2 and imposes similar covenants. This time the buyer of Plot gets the benefit of the covenants imposed on Plot 1. However unless there is a thing called a "building scheme" Plot1's owner can't enforce the covenants against Plot 2' s owner.So neighbours might be able to enforce the covenants but only if their plot was sold after the plot where the caravan is.

This is all very interesting but I cannot see how any court is going to allow someone to take action is respect of a breach that is as old as stated.

BobProperty

Richard_Webster wrote: »

If the covenant has been continuously broken for over 20 years no judge is going to give a remedy to anyone in respect of the breach.

In theory people other than the original builder could seek to enforce the covenant. it depends somewhat randomly on whether they have the benefit of the covenants......

See post #19
"the right to enforce any covenant entered into by the puchaser of any other site on the vendors said estate shall not pass to the purchaser unless such right be expressly assigned to him"
so if all the covenants are the same, it would appear not anyway.

clutton_2

so - gin and tonics all round - hurrah for Richard !!!!

jamescredmond

make mine a pint of real ale (glass of wine for the ladies)!

a quality post from richard, someone who has a good idea what he's talking about.

I hope the OP siccessfully ignores the petty, small-minded and vindictive behaviour of his neighbours who waited all these years to complain and then used a street committee to hide behind. 'cowardice' is the word I was looking for.

good luck.

melb

I don't know if this has been mentioned as I haven't read all the posts but there is a very good website with a very active forum called Gardenlaw which deals with all issues of land law.

Magic_Dragon

We have covenants on our private road. One states no comercial vehicles to be parked.

One person has always parked his big van in the cul de sac. We though it would move once all building work had finished, but it didnt. All the neighbours have complained to him and the council. Council says it is up to the builder to enforce coveants.

They guy whose van it is is the builders son - so he said he can park it there!

None of our complaints were put into a solicitor or anything. The council said it was unprofesional for the builder to break his own covenants - but he could!

Maybe we have all been advised incorrectly. But from my experiance covenats dont mean nothing ....

Gorgeous_George

I would be horrified if my neighbours stored a caravan on their drive. Not sure that I'd be able to challenge successfully in Court so I would try to reason with them. I am sure that they wouldn't keep there for long without having it resprayed with suitable phrases.

Before I do something unsociable, I usually imagine the town if EVERY house had the same idea. Maybe an old washing machine on the drive or a stack of old TVs on the lawn. I could call it 'art'.

GG