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Subject Topic: Neighbour dispute
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Message posted by Calinyx01/6/2017 at 10:23am
Outfit:  Superb estate + swift Colonsay     Location:  aberdeenshire
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Unfortunately for you, you are on a hiding to nothing. You've upset [and continue to do so] your neighbour.Your land lord has said remove it, so as he/she owns where you live then you have no choice but to either do so, or move to somewhere where they will allow you to store the van.

I can't believe from your last post that you are 'still confused' by all this.

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Message posted by bessie50001/6/2017 at 10:43am
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How would you feel if you came home one day and you had a large dent in the side of your van ? it happened because your neigbour opened his car door tried to get out and the wind caught it smashing it into you ally sided caravan, or you go away for the weekend /week and come back to your house being robbed as everyone knows when your vans gone the house is empty.

I personally think this post is a windup now

Bessie

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Message posted by peterws02/6/2017 at 5:10pm
Outfit:  Daystar `91 + Berlingo     Location:  Morecambe
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Quote: Originally posted by HighSlayer on 28/5/2017
I'm a bit confused here.

You cant have a caravan on your own side of the drive as your neighbour needs to open their car door onto your property in order to access their car, but you could park you car/van/jumbo jet there and that's ok?

Seems very strange to me!



You don't need to be confused with the law. If your van shouldn't be on the drive, then shift it. Your reasons are of no concern to the legal process.
You can park it in the street instead. That is not illegal, unless the covenant extends to the estate you're on.
Your landlady may even now be making plans to shift not the caravan, but you.
Best o' luck. Common sense is your friend here.



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Message posted by vti200702/6/2017 at 8:33pm
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There is also another point here that most have missed. Most mortgages have a clause in them stating that you must abide by any restrictive covenants.   If the property has a mortgage on it anyone can find out who your lender is by giving the land registry 3 quid and the mortgage companies can (and do) act if someone has enough time on their hands to make a complaint.

I've seen it happen over plants in a front garden that were subject to covenants and the person concerned had to replant the garden or accept they had breached the terms of their mortgage and all that came with that.

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Message posted by iank0103/6/2017 at 10:38am
Outfit:  Buccaneer Cruiser     Location:  Worcestershire
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So it is wrong to park a caravan on the driveway, but not an issue if it s a 40K motorhome taking up exactly the same area? The neighbours should not be parking their car in a manner where their car door is opening across into the next driveway way as it may damage a car parked there.

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Message posted by Opensauce03/6/2017 at 11:38am
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It is strange how whenever this thing about restrictive covenants comes up there is never a definitive answer. Google is not much help either. For example on my estate built early 1970s deeds state no caravans or boats parked on property.

Plenty of caravans including mine & boats parked on drives though for yrs without problems. My understanding is that covenant can only be enforced by party who originally applied it. In this case the estate builder & I think reason is to keep estate looking nice while houses are being sold but after builder leaves they are not interested in enforcing covenant.

Enquires by myself has established that estate builder is no longer in business. So therefore covenant presumably cannot be enforced even If anybody wanted to? Ie if any disgruntled neighbour did seek legal advice they would presumably be told that covenant is not enforceable?

How could it be if enforced if only the original covenanter can enforce & that entity is no longer in existence?

Message posted by robert/julie03/6/2017 at 2:09pm
Outfit:  Bailey Pageant Burgundy series 6      Location:  Ivybridge Devon
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Followed this for a while no apart from the covenant the other problem I see is a boundary problem.

In the first post the op states the 2 driveways are next to each other with no fence as we know a caravan is wider than a car. The op also states he parked the caravan so when the neighbour parks his car there is a 20cm gap for the neighbour to open his car door. This sound like to me that the caravan may be encroaching on to the neighbours property which I wouldn't be happy about. What would the op do if when he was away in the caravan the neighbour put a fence up splitting the driveways on the boundary and he couldn't get his van back on the driveway.

If I were the neighbour I would do this

Message posted by Opensauce04/6/2017 at 11:09am
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The interesting issue raised is about restrictive covenants applied by builder while estate is being built. There appears to be no definitive answer about enforcement of these decades down the line.

Message posted by Kelper04/6/2017 at 1:35pm
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This particular horse has been flogged past the will to live ...


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