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Subject Topic: caravan in drive..(deeds)
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11/4/2011 at 6:40pm
 Location: lincolnshire
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Hi every one thanks for all your advice ,   (Tuesday) or later tonite I'm going to phone my friend who actually worked for (kings homes) the builders , she used to bring prospectus buyers round ( well sell the houses) may be she still knows the right person to ask ( hopefully )


11/4/2011 at 6:44pm
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You need to ask the right questions, ie "is covenant still in force?"(probably yes)"are you prepared to enforce it in regard to complaint of caravan parked in drive"(probably no).


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11/4/2011 at 7:11pm
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28 day rule may be the way around it. its all under the same planning rules in the greater number of cases, in that you can have a caravan or any leasure activity on your land for no more than 28 days in a year without any requirement for planning.

as far as I am aware its the same be your land many acres or your garden. planning is planning. so it being on your property for time its being serviced or before you go and when back you are OK just keep a record of when and how long.

I dont think overnight four times will count as two days (24hr period though)

but in short 28 day is the rule. we had it here when people objected to this farm being used for cross country riding we got a knock back on planning but still allowed for the 28. e.g. 14 meetings a year more than enough for our needs.

the other way is to have it hooked to a vehicle then its part of the car and so allowed whilst attached. just as you can stop and use your caravan as long as its attached.



Post last edited on 11/04/2011 19:21:23


11/4/2011 at 7:51pm
 Location:  Surrey
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Quote: Originally posted by Alan Partridge on 09/4/2011
Quote: Originally posted by chishy on 08/4/2011

  i dont no if im in the right catergory of forums ..i have a query in my deeds it states that you cannot have a caravan in my drive ..bare in mind now my house is now 11 years old ..could i put my caravan in my drive overnight before i go away the next day as im not sure how im going to load it up in storage ....does any one bring theres home to load up .....(im not worried about my nosey neighbour who complains about everything that everyone does and buys lol.).................




As has been pointed out, somebody would have to try and enforce the covenant and that is unlikely.

I don't think you should be seeing it as a way of winding up your neighbour though. In the ordinary way I would go and explain what you are doing, and that she need not be concerned about its being a fixture.

You really don't want any kind of dispute these days with neighbours. If you come to sell your house, you will have to declare disputes and not doing so could leave you with a liability.

Clearly you don't get on, and you'll have to make the judgement, but thumbing your nose might be ill-advised
Alan has a good point also would you not like her to keep an eye on your property whilst your away. If she sees anyhting now would she just not turn away and let it happen.Whereas a quick explantion that " I am going to bring my c.van her for overnight so I can load it up and leave. It will not  be here long. As its abit awkward to load blah blah."Why not offer her a look inside, who knows she may see you lugging and give you a hand. Then your home will be kept an eye on, that's more willing to do so for you.

-------------
Chrissie

Be Strong-Think positive.


11/4/2011 at 9:15pm
 Location: Keswick
 Outfit: Bailey
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Quote: Originally posted by D Mansworth on 11/4/2011

28 day rule may be the way around it. its all under the same planning rules in the greater number of cases, in that you can have a caravan or any leasure activity on your land for no more than 28 days in a year without any requirement for planning.

as far as I am aware its the same be your land many acres or your garden. planning is planning. so it being on your property for time its being serviced or before you go and when back you are OK just keep a record of when and how long.

I dont think overnight four times will count as two days (24hr period though)

but in short 28 day is the rule. we had it here when people objected to this farm being used for cross country riding we got a knock back on planning but still allowed for the 28. e.g. 14 meetings a year more than enough for our needs.

the other way is to have it hooked to a vehicle then its part of the car and so allowed whilst attached. just as you can stop and use your caravan as long as its attached.



Post last edited on 11/04/2011 19:21:23

Thats a planning law argument and not a breach of covenant argument. Its mixing up laws that often get folk into problems.

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


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11/4/2011 at 10:14pm
 Location: North Devon
 Outfit: Lunar Stellar Peugeot Partner Tepee O
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I feel I can add something to this debate as we moved into a brand new house on a small estate 15 months ago and there is a covenant on our deeds from the builder which states no trailers, caravans to be kept on the propertys.

We enquired before purchase with the sales girl for the builders in the showhome about this pointing out to her that there were a couple of boats, a trailer tent etc on a few of the drives. Her attitude was live and let live but she pointed out approx 12 months before there was an instance with a resident over the parking of a caravan on a property with a shared side by side drive.

Apparently this paticular resident with the caravan on his drive was continually infringing on his neighbours drive by parking his car too far over on the drive thereby causing problems for the neighbour getting in and out of their car. When this neighbour politely asked the chap with the caravan to park his car with more consideration the caravanner become very rude and arrogant and told them to get lost etc etc.

Result was that the neighbour informed the builder and the covenant was enforced and he had to move his van.

Anyway  we decided to take a chance and two weeks after moving in we parked our new caravan on our drive. At this time the other side of our shared drive was not occupied.

The builders were still working on site at this time and after about a month the site foreman approached us and asked how long we intended to keep our van on the drive, My first question to him was who has complained and he quite openly admitted the chap from the otherside of the estate who had been forced to remove his van from the estate! My answer was that we intended to keep it at our house all the time! His parting words as a fellow caravanner were " enjoy your caravanning!"

The builders have since that time left site, the estate is completed and we have new neighbours. As soon as they moved in I mentioned the van to them and their reply was they were not worried in the slightest and  we continue after 12 months to be good neighbours.

We have never had any communication from the builders and several of our neighbours have admired our van and as I said before 15 months on and we are very happy caravanners and the last thing on our minds is worrying about that covenant!

I might add we still have a few boats, a trailer tent, someone who has a burger trailer and a couple of motorhomes on our estate of 50 or so houses and we will not be complying with the covenant if asked unless all these other people do!

Dave

 



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Dave


12/4/2011 at 10:52am
 Location: Yorkshire
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Quote: Originally posted by janus on 11/4/2011
Quote: Originally posted by Kevin Massey on 11/4/2011
Quote: Originally posted by cwdc56768 on 11/4/2011
Quote: Originally posted by Kevin Massey on 11/4/2011
I would contact your local authority and find out what bye-laws there may be in place within your area and base your response on fact rather than hear say after all it will be them that take action against you is there is anything to answer too

The Council does not have any ability to take action for a breach of covenant unless it imposed that covenant.

Phil


I will have to delve a little deeper Phil but I am sure all enforcement will go via them


Not so, if the non parking is a condition of a covenant then only those people who are party to the covenant or who imposed the covenant can enforce it. The only time the Local Authority comes into the matter is if they specified it ias a condition of  the planning permission.

 


 

After reading a bit more I get what Phil on about....it's a minefield.

I hate neighbors that have nothing better to do than cause grief and this would include the caravan owner if it be a case that there neighbor was suffering because of the parking issue too !!

What is required is a small bag of  rapeseed a cattie and pepper there roof this weather they will have a 3 foot crop all over in no time

 

(Tongue planted well in cheek)

 

Kev



12/4/2011 at 11:10am
 Location: Keswick
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Look on it as Football and Rugby Kevin. Knowing something about the law is one thing. Knowing when, and how to apply it is another issue altogether.

When there is a foul in football you don't re-start with a scrum. A scrum is part of the Laws of Rugby. In Football the law indicates that you re-start with a free kick. So it is with the law. Each part of the law is subdivided into different categories or laws and their enforcement is applied by the rules which apply to that particular area of law. Planning Law is public Law enforced through the planning laws and regulations. Covenants are private land law issues dealt with by a whole raft of Law of Property (and similar) Acts.

Phil



-------------
If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


12/4/2011 at 1:58pm
 Location:  Surrey
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Quote: Originally posted by cwdc56768 on 12/4/2011

Look on it as Football and Rugby Kevin. Knowing something about the law is one thing. Knowing when, and how to apply it is another issue altogether.

When there is a foul in football you don't re-start with a scrum. A scrum is part of the Laws of Rugby. In Football the law indicates that you re-start with a free kick. So it is with the law. Each part of the law is subdivided into different categories or laws and their enforcement is applied by the rules which apply to that particular area of law. Planning Law is public Law enforced through the planning laws and regulations. Covenants are private land law issues dealt with by a whole raft of Law of Property (and similar) Acts.

Phil


As a council tenant in sheltered acc. we are not allowed anything without permission and they will not give it in this council of Reigate & Banstead BUT on saying that we  asked about a smaller trailer, then a camplet and we got permission as it passed no one. In the way of no one. No one could see it only us unless they came onto  our bit of garden as we are on the end.

If we found a f.c caravan type we would if we could get it, and this as far as I am concerned is the same as the camplet just a wee higher.

But we asked permission,then we HAD to. but others who did not had to move theirs off out of it.On another part of the estate so it sometimes helps to ask first.

 



-------------
Chrissie

Be Strong-Think positive.



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