storing van at home/driveway

simon_374427489 · Jun 2, 2009

Hi, new to site and looking for some advice on caravan storage at home.Does anybody know if i can legally keep a caravan on my private owned driveway or can the council etc object. The van would be stored more down the side of the house as opposed to being stuck on the drive infront of the house. Any advice greatly appreciated,

simon

trucker · Jun 2, 2009

simon, your house/street /area may have a covenant forbidding it you would need to check your deeds.

In reality what we did and I sugest is suck it and see. If you get any complaints check your deeds if not job done.

If nobody has made a complaint within 1 year of you parking your van there the covenent on that particular part will be nul and void.

I know this as we sold some of our garden as a building plot, got planning permission ext, but the solicitor came up with no infill building on our est. The buyer wanted to go ahead so what he was able to do was get an insurance policy to cover him for 1 year incase anybody complained and the house had to go (cost him a small fortune). Nobody did and the house is still standing, more importantly that covanent is nul and void for our property now.

simon_374427489 · Jun 3, 2009

Thanks for the reply trucker.The part where you mention 1 year is interesting as we have had the c'van on the drive for about a year with no previous complaints. I should have mentioned the estate is approx 10 yrs old and we have recieved a letter from the original builders regarding the parking of the c'van.The part that really annoys me is this has come out of the blue after a petty dispute brought on by a neighbour regarding something totally unrelated.He has then instigated this out of spite.The c'van is down the side of our house and you would hardly notice it if you drove into our road. Really annoyed and just wondered if anyone knows how enforceable a covenant is? should I be worried?

Mikey1 · Jun 3, 2009

Errmm the 1 year with no complaints is interesting.

I have a covenent on my property for no caravans and although had no complaints it was pointed out to me.

I went to a solictors to get get it taken off but to get it changed had to get the approval of eveyone on the same development (150 houses)so no hope really.

ProfJohnL · Jun 3, 2009

Hello Simon,

some interesting replies - whilst I do not doubt Truckers personal experience re the covenant, I would not take it as read that it applies equally everywhere.

With the best will in the world, you cannot rely on any statement posted on this site to stand up in law. all the posts are anonymous, and you have no idea of what authority the information has.

With matters like this it is always best to seek professional advice from a known reputable source.

smiley · Jun 3, 2009

Our deeds states that no commercial vehicle, caravan, boats may be kept on the front of the property.

UMmmmmmmmmmm neighbours didn't read there deeds. Only been here two years. But am getting fed up of the vans.

RogerP · Jun 3, 2009

Often the developers of a new estate will place covenants like no commercial vehicle or vans or caravans etc etc as a way of ensuring that whilst the estate is still being sold it has an 'appeal to it'.

Interestingly I was looking at a new build a few weeks ago and enquired about a caravan on the drive. The response I got was any vehicle has to be kept in the garage and the driveway could only be used for visitors or short term parking.

When I asked if there was only 1 garage but I had 2 cars how does this afect me , the same reply - no vehicles at the front of the house only in the garage.

I then asked for the size of the garage and in effect only small cars like fiesta sizes would have fitted.

So a family with a family sized car (or 2) would not be able to buy these houses (luxury 4 bed detached c

S_374382905 · Jun 3, 2009

Firstly - the advice of the previous poster is correct - always get proper legal advice.

However, in relation to covenants such as these there are two points that were made to me once when buying a house that had an extension on it which was within planning law but contrary to a covenant. The extension had been up for about five years.

Firstly I was told "who is going to enforce it"? - in my case the builder had gone out of business. Secondly, I was told that the longer no one objects (with the knowledge that the covenant is being breached)then the other part may be 'deemed to have acquiesced'ie they have 'accepted it and done nothing when they had the opportunity'

All of this said though - check with a solicitor first.

Dave_374330759 · Jun 3, 2009

I understand that if someone objects and is prepared to go to court which could cost them a lot of money, you could contest it BUT in most cases if there is a covenant which has been breached then the court will usually go with the covenant and you would have to pay not only your own costs of defending the case but possibly the costs of the complainant and damages if awarded (ie the complainant may claim that your van devalued his property or prevented him gain a sale).

As previously stated most coventants do get ignored but you only need an awkward ****** or stroppy council (especially if they insisted on the covenant in the original planning consent) to challenge you and be prepared to take it all the way and you get end up with quite expensive costs.

simon_374427489 · Jun 3, 2009

I understand that if someone objects and is prepared to go to court which could cost them a lot of money, you could contest it BUT in most cases if there is a covenant which has been breached then the court will usually go with the covenant and you would have to pay not only your own costs of defending the case but possibly the costs of the complainant and damages if awarded (ie the complainant may claim that your van devalued his property or prevented him gain a sale).

As previously stated most coventants do get ignored but you only need an awkward ****** or stroppy council (especially if they insisted on the covenant in the original planning consent) to challenge you and be prepared to take it all the way and you get end up with quite expensive costs.

Thanks again for all the comments above.Its given me a few things to think about. First thing will be to take some legal advice.I believe that the caravan club cover for some sort of telephone helpline for legal advice.

I do also understand how people can be fed up with commercial vans and caravans etc in my previous house i lived on a corner and a neighbour would park a full artic lorry with trailer down the side of my house and to top it off directly over the road from my front window another neighbour would park 2 transit vans! so i can see it from all angles ( and no i didn't moan. plus if i had of had an big issue i would have approached direct and spoke to my neighbour and not took a legally threatening route).

Could a covenant be proved over the top if it went to solicitors/court.(I.E common sense approach) bearing in mind c'van well back from front line of my house down a relativly long drive/not in direct view from the front of a neighbours property ie no one has a clear view of it from their living room window etc. Or if the majority of nearby neighbours signed a form/petition to say they have no objections to the c'van.Bearing in mind a few other residents have vans etc on their drive/infront of their homes so I'm sure they would agree as my moaning neighbour may turn to them next.

Brian_374234561 · Jun 21, 2009

we've just bought a new house (moving in 2 weeks) and very late in the process it was pointed out to us that caravans and boats are not to be stored on "paths and front garden" of the house. We should have spotted this earlier to be honest, but we're going to take the risk anyway as we really want the house. The important bit for me is "front garden" as the caravan will be stored on the "driveway". A subtle difference, plus there are other caravans stored on driveways in the estate, so I am hoping we'll be ok. If not, its back to storage. It would then become interesting if we had the caravan on the driveway for loading/unloading purposes only (so 24 hours before we go and the same when we get back). I wonder how we would stand then if I find we have Victor Meldrew living next door??

Mikey1 · Jun 21, 2009

Everything is always ok until someone complains,i wouldnt take the if it has happened for a few years then its been adopted route either.

Seen a problem where the covenant had no work vans ,he had one for nearly 2 years with no complaints then letter through the door telling him about the covenant and after a legal battle no van outside anymore

Morganic · Jun 21, 2009

Everything is always ok until someone complains,i wouldnt take the if it has happened for a few years then its been adopted route either.

Seen a problem where the covenant had no work vans ,he had one for nearly 2 years with no complaints then letter through the door telling him about the covenant and after a legal battle no van outside anymore

It is my understanding that only the original developer can instigate action under a covenant. Some have time limits on the time the covenant is valid. Covenants should not be confused with planning conditions. Planning conditions are put on when planning permission is granted by the local planning authority to prevent the storage of a caravan on the land They are enforceable for 10 years.If there are no planning conditions, under planning law, providing the caravan is used as incidental to the use of the dwelling house it would usually be permitted. Planning authorities don't usually get involved with covenants.

David_374454461 · Jun 30, 2009

I live at the end of a cul-de-sac with quite a large space for parking, enough for about 6 cars. Am I right to assume I couldn't park the van here, even though it would be down the side of my own property, but on a public road?

Where it is stored at the moment is expensive and quite a distance away, struggling to find anything nearer.

Thanks

dexterlevi · Jul 11, 2009

I think the same applies to my drive.I occasionaly keep our van on the drive but only for short periods.To date no one has complained, probably because there are a couple of us on the estate as well as a number of commercial vehicles dotted around on drive ways.

I intend to keep our van stored at the home address permanantly next year. I will be re landscaping my back garden which runs off the end of the drive behind a 7 foot fencee. I plan to build hard standing in back garden behind fence but change said fence for 7 foot gates.Hopefully that would keep me on right side of law as I will no longer be storing on drive?

smiley · Jul 11, 2009

Brian

He and mrs meldrew are next door to us.

chenzhen · May 19, 2016

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