Restrictive Covenants! No Caravans! NOOOOO!!

[Angela_374342318]

So, we've lived in our house for about three years. We decided to buy a small caravan and do it up. Then, we find out that we can't. There's a restrictive covenant that says we can't park a caravan in our drive. So, now, we have a Crown 3 berth in our drive and can't keep it. We want to lower it and put it in our garage while we do out the interior. We don't know how. Does anybody know how to lower the caravan right to ground level without killing it! God, I'm so fed up!

zoo

 

[LesleyRussell]

Has anyone actually complained about your caravan being on the drive?

 

[dougdotcom]

Also some times it states that you canot park beyond your house line but can behind it so, if it fits down the side of your house then your ok, but check this matter first, I remember seeing this on another web site forum.

and as also said if no one complains then your in the clear, Just hope you have good Nabours.

 

[dougdotcom]

Also some times it states that you canot park beyond your house line but can behind it so, if it fits down the side of your house then your ok, but check this matter first, I remember seeing this on another web site forum.

and as also said if no one complains then your in the clear, Just hope you have good Nabours.

ooops ment Neighbours. well it is late.

 

[Angela_374342318]

Hi, the caravan sticks out a bit from the side of the house. It's a newish estate and there's a garage behind it. The neighbours right next door have told us that we can't have it because it says so in the schedule of restrictive covenants, but haven't actually asked us to move it. They are trying to sell their house and said they hope it doesn't put anybody off buying. Not sure if drawing our attention to the matter is a complaint. Who do they complain to if it's not us? Will we get a letter from a higher place or does someone around here have to actually say 'move it' before it's deemed a complaint? Many thanks.

zoo

 

[Lord Braykewynde]

Angela do as the others say. Leave it and see if anyone complains. If they do you will have no choice about the matter but why stress yourself out needlessly.

When we first had a caravan I put it on our drive not even realising that there were these covenants. It was only after reading forums like this that made me think about it. The thought must have lasted about the time it took to read it.

We have never had any complaints and to this day I don't know if there's a covenant saying I can't do it.

We are the only ones with a caravan in our road and get on well with our immediate neighbours so I'm not too sure if this makes any difference or not.

Personally I can't see much difference from having a caravan on a drive than a white transit for example.

 

[JasonR_374341560]

Councils who have owned homes or the developers are the most likely to cause problems, but not often as it could be expensive to do so!

There may be numerous things re extending driveways, wall, fences and parking on the garden not the drive or even types of shed under covenants. If there are, and other neighbours are breaking the covenants there is little chance that yours can be enforced re your caravan.

Parking on the garden rather than driveway and regularly moving caravan could get around the covenant depending on how it is worded.

Couple in our caravanning circle have raised the height of the garage roof by three rows of bricks and have barn doors each end as they can't park the caravan on the steep front garden but take it through to the back.

 

[LesleyRussell]

Angela,

The initial developers may take action but only if instigated by an owner of other property on the estate and at their cost. Alternatively neighbours may take an action on their own and again at their cost. You would get an initial letter threatening action but they would then have to pursue this through the Courts. is it worth it? It may well be that, provided you do not cause a nuisance i.e. carrying out noisy works, no one will pursue the matter further. Also, if it is only a small van and the majority of it is parked behind the building line of your house, you are not necessarily blocking too much of the neighbour's view. If it were, they may feel forced to take the matter further.

 

[LesleyRussell]

p.s. On many newish developments you will find covenants restricting the parking of commercial vehicles, caravans etc and even now, the placing of objects on the roof of a garage. However, if you drive around many of these sites you will find a lot of people in breach. Obviously, with this type of breach, it can be easily remedied by the removal of the vehicle unlike a restriction against further development i.e. an extension/conservatory where the breach would continue (unless it was knocked down!).

 

[rayc]

angela, it may be worth seeing in your deeds what the restriction is and it's timescale. On alot of open plan estatesit was forbidden to build front wallsar plant hedges but this only lasted for the first few years.

It is generally accepted, by order of Parliament, that you can park a caravan on your own property unless there is a specific exclusion. As Lesley so rightly said you would have to be taken to a civil court by the developer to enforce the regulation and this would Only happen after a period of letters etc asking you to comply. If it were me I would ignore it and use the caravan as I wished.

 

[parker1158]

Angela as LB says wait till you are told to move it. It's the developers who normally uphold covenants and generally you will be told by them to move it. Some are more pro-active than others; take my sister-in-law's estate for instance. They are not even allowed to have washing lines in the garden and when someone recently moved in a few doors from them and erected a rotary drier they had a letter within 48 hours telling them to remove it, and their houses have been built over ten years.

L.B's point on white vans might be relevant in so much as if there is a covenant restricting caravans this normally includes white vans so does anyone keep a white van?

Your likely stumbling block is going to be your neighbour cos rightly or wrongly there is a perception that the house next door that has a caravan in the drive will put off prospective buyers so if it were me I would move the van temporarily and bring it back when the deal is done i.e work with your neighbour rather than against them.

To answer your original question the only thing I can suggest would be to get a local welder/fabricator to make up a rough frame to support the chassis and fix wheels to it similar to supermarket trolley wheels (only bigger!). Similar things are used to move car bodyshells around in garages

Good luck :0)

 

[trucker]

We sold a piece of our land along with next door for a building plot, got outline planing permission, but just before it went through the solicitor found a covenant which forbid any additional property being built from land sold. As the builder of the origonal properties had gone bust and eventually died nobody could be asked if the covenent could be broken.

Along with the solicitors help the builder was able to buy an insurance policy to protect him to the point that if anybody objected to the building being there within the 1st 12 months he would get his money back if it had to be knocked down, after the 1st 12 months if no complaint has beed lodged nothing can be done.

Put your caravan there hope nobody complains and when its been there a year bobs your uncle.

Kevin H

 

[Paul_5064559]

Angela, Have lived here in what was a new build house 6 years ago, originally the builders covenant forbade caravans, commercial vehicles, vehicle repair and so on but only for 3 years. Since then we have had all sorts including car breaking on our next doors (rented) drive. So my advice is not to listen to neighbours, the only people to enforce such a covenant is the builder and once they have moved on they are generally not interested. As for me we always have stored our van mainly because we do not wish to look at the arse end of a caravan all our remaining days and also because its a dead give away that we are away.

 

[colin(bridgend)]

My property is freehold and contains the restrictive covenant. When we first built here all the plots were leasehold. Everybody on the site has now bought the freehold. Not only were covenants for caravan and/or boat storage prohibited there were many others such as the parking of commercial trade vehicles, carrying out business from the house, external finishes to the house, etc. We have lived here for almost 26 years and for the majority of the time have had a caravan on the drive. There are also commercial vehicles parked here overnight, businesses being carried out from home, etc. Our near neighbours also have vans on their drive and so far there have been no complaints from either any neighbour or the original ground landlords.

Therefore I would agree with the others and ignore the covenant unless it is made official by either the local authority under the planning laws or the original freeholder who introduced the covenants.

 

[allen1]

On our estate we are covered by the restrictions of a deed of covenant,and thank goodness we are.We have our own management company who's job it is to supervise and maintain the estate and to enforce the rules regarding the conditions of the covenant.We do not have white vans boats,or people doing up old bangers on their drives.So no friction between neighbours.

 

[Guest]

There are many developments that have such Covenants. They were normally introduced to protect all the residents of the develoment from intrusions, commercial or unsightly that could harm the area for all, and possibly adversely affect market values. For instance things such as farm animals are usually banned to stop anyone trying the 'Good Life' scenario. Caravans are included not becasue of you particularly, but because someone may decide that using it as living accomodation is a good idea, or have more than one. Where do you draw the line?

In additon your innocent caravan could lead to a commercial vehicle (ice cream van perhaps) which could lead to trade being carried out at all hours.

As mentioned the chances of a prosecution are rare mainly because the other residents would have to meet the initial costs, however, not impossible, especially if a Management Company is involved, in which case you meet all the costs if the case goes against you. Also your neighbours are faced with the dilemma of not necessarily approving of what you are doing, but not wishing to cause upset. Nobody wants to be seen as a 'spoilsport'. However, not receiving a complaint does not mean that people are in agreement with what you are doing.

You must decide yourself if this is what you want. You must have been aware of the Covenant when you bought the property, or your solictors were amiss in their duties to you in the Searches carried out before purchase. You could possibly have grounds for a claim against them.

It is back to the old question of whether your actions are good neighbourly, or not. Only you can answer that.

 

[Thorpedo]

Allen

I envy your deed of covenant.

I'd happily forgo bringing the caravan home for loading if it meant the end of the scourge of white van, silver van, yellow van and red van man.

Mind you our life style is restricted as we can't keep chickens and Mrs T isn't allowed to dry her smalls in the front garden.

Rob

 

[Hayden_374341632]

Covenants are actually quite difficult (and not to mention expensive) to enforce. They should be seen as a kind of agreement of homeowners on a given estate/street/avenue that they are not going to spoil the apperance or ambience of their neighbourhood.

The point is, not everyone always realise they exist, and if they do then they need to decide if anyone directly affected by their breech of the covenant is actually bothered by it. If someone is then it is the decent thing to abide by the covenant, if not then no harm is done by breaking the 'rules' so to speak.

 

[BeemerMal]

Angela....A lot of good advise. I support the view that if your caravan is not causing an obstruction or it affects your neighbours view then I would ignore any comments until such time that someone makes a formal approach.

When we first married we moved onto a new estate that was designed with an open plan aspect. This meant we were not allowed to install fencing or hedging to the front gardens. We were given a Rose Bush that we decided to plant in the corner of our front lawn and you would think world war 3 had broken out.

The developer sent us formal notification of the covenents and gave us 28 days to remove the bush and reinstate the lawn. All our neighbours thought it was daft so three of them also planted bushes in their lawns. The developer also wrote to them but he did not follow it up with any action. Now, although we don't live there anymore all the gardens have hedges or low fences/walls and nobody seems to bother.

I make this point because there may be other covenents placed on the property when it was built that others on your estate may have disregarded over the years. It could therefore be accepted that "Custom and Practice" takes precedence.

 

[yvonne6]

My sister lives on such an estate and they are not allowed to have more than 2 cars parked in their drive yet there are lots of houses with 3 plus and they are not visitors to the property. Is is just me or are the convenants a little snooty. my sister has to pay an annual fee for the upkeep of the road and small play area for the children and any landscaping!

Glad i live in a little cottage with my chickens and rabbit oh and van is in storage!

Yvonne

 

[john_374342267]

Basically any person can object to your breach of a covenant by taking you to court for it to be enforced. However, all court decisions must take into account Article 8, Human Rights Act, 1998, which enshrines your right to the enjoyment of your possessions (ie. your caravan). This Act has a very powerful impact on all decisions in public life and can over ride any covenant etc. Where there are competing rights (eg. yours against those of the complainer), the Court must balance your right against the protection of the rights and freedoms of others (ie. the complainer). In the case of a caravan I doubt that the complainer could provide a sufficient case to justify his position of complaining so as to over ride your right to enjoyment of the caravan unless the presence of the caravan was impeding his life in some substantial manner. If he merely does not like it being on your property I do not think he would have a justifiable case to put before the Court. Perhaps Practical Magazine could seek a legal opinion on this aspect seeing as it affects a lot of its readers (and no one has raised the impact of the Human Rights Act in the Forum on this issue).

John