Quote: Originally posted by brianconwy on 29/6/2009
If you park a motorhome they couldn't complain so why are they making a fuss over a caravan. As someone has said there are lots of previous posts on the subject.
Brian
Actually, they could enforce a covenant against a motor home as easily as a caravan.
The only legal definition of a 'caravan' is contained in the 1963 Countryside Control Of Development Act (as amended) which defines a 'caravan' as:
'Any structure designed for human habitation which is capable of being moved from place to place, either by being towed, or by being placed upon any motor vehicle, or any motor vehicle so designed'
It is the last part of the definition that catches motor homes - or, more accurately, 'motor caravan', which is how the law defines them.
Thus, any covenant that prohibits caravans also prohibits motor caravans - the fact that it is also a mechanically propelled vehicle does not alter the definition.
This has been tested in court as recently as 10 years ago to my own certain knowledge.
In 1999 a couple were keeping their Autosleeper motor caravan on the driveway of their recently purchased property. They were aware of a restrictive covenant that forbade caravans being kept on any part of the property - but were confident that a motor caravan would be exempt from its terms.
A few days after moving in one of their neighbours called at the house and asked them what they intended to do about 'That thing' (the Autosleeper)
To cut the story short, the neighbour went to Court to ask that the restrictive covenant be upheld. The couple argued that, as a motor vehicle, their Autosleeper was exempt, the court cited the definition that I quoted above - and upheld the covenant.
The couple had a legal bill of (if I recall correctly) £7,000 or £8,000 - and had to remove the motor caravan from the drive.
In fact, they parked it in the road outside their house - which, ironically, caused something of an obstruction, but which was perfectly legal. I know this for a fact because I had an in-depth conversation with the couple in question.
Had they owned a caravan, they would not even have had the option of placing it on the road!
I know of another case where a caravan had been kept on a driveway for several years - in breach of a covenant, but with no complaint from any neighbour.
A new family moved in - and went to court to obtain a judgement requiring that the caravan be removed! Again, the covenant was upheld, and the caravan had to go.
It's not widely understood that *any* party to the covenant can ask for it to be enforced. If, for example, you lived on a large estate that was subject to the same covenant/s, anyone on that estate (even if they lived two or three streets away and were completely unaffected by the breach) has the right to apply to the court for the enforcement of the covenant terms.
That is an absolute fact.
The thing to remember is that the court will ALWAYS, without any exception, rule against the person who is in breach. They have no alternative - fairness doesn't come into it, reasonableness doesn't come into it, only the strict application of the legal terms of the covenant matters.
It is also virtually impossible to get covenants rescinded - even if they applied to such arcane events as the tethering of pigs to your front gate, or restrictions on a gas lamp-lighter leaning his ladder against a certain wall. Once the covenant is in place, there it stays until doomsday.
The only chance of waiving or varying a restrictive covenant lies with an approach to the developer of the land, if they are still around.
Builders always reserve themselves the right to modify restrictive covenants that they. themselves, place on the land - this is to ensure that the development is not hindered at some later stage.
If the covenant pre-dates the acquisition of the land by the developer - then he is also stuck with the, (as any subsequent purchaser of your property would also be bound by the terms of any applicable covenant)
When buying a new house it is always important to ask for a variation of any restrictive terms applicable to caravans - sometimes the builder will do so to secure a sale - but, even then, the variation would only be for your benefit, and would not apply to subsequent purchasers.
Covenant's are an absolute minefield! - if a covenant prohibiting caravans exists, but no-one minds, then all will be well. However, it only takes one person (on any part of the development) to decide to enforce that covenant and you are well and truly st*ffed - no question about it, none whatsoever!
Best plan of all is to keep sweet with your neighbours.
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'If it ain't broke, don't worry - it soon will be'
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Topic: Parking caravan on own drive
, filled in the holes, planted conifers - which we trim twice a year and keep to the height of the caravan roof - our neighbours agree that it gives us all privacy and a bit of security, so we have no problems there.
