Neighbors vs caravan

[gillberry]

Fingers crossed it goes your way, I would hate to have to put ours in storage 😞

Ps love your profile pic

[Munro83]

Originally Posted by gillberry

Fingers crossed it goes your way, I would hate to have to put ours in storage 😞

Ps love your profile pic

It went our way!!! Got a letter of permission from the local council. Totally chuffed and what a relief.

Glad you like the photo- that's our 6yr old gsd poppy. We also have a 1yr old gsd, Angus.

[TheLeeds]

Glad you got some good news.

I noticed from reading this thread, that covenants had been mentioned.
Whilst doing a bit of legal research on the subject, I came across some interesting case law. One such case was Hepworth v Pickles, which effectively says a covenant which has not been enforced for over 20 years is deemed to be waived.

Hepworth v. Pickles [1900] 1 Ch 108 [86] was a case of restrictive covenant

[82] Hepworth v. Pickles was a case of a covenant against the use of land as an inn, tavern or beerhouse. Soon after the conveyance imposing the covenant, beer and spirits began to be sold from one of the properties on the land, and continued to be openly sold for more than 24 years. When the purchaser under a contract for the sale of that particular property discovered the covenant, he applied to rescind the contract. Farwell J dismissed the purchaser's action, ruling that the covenant had been waived or released.

[gillberry]

Congratulations 😀
There is nothing better than sitting in your caravan in your own garden with a cuppa on a cold day dreaming of the next time you can get away

[c_lee]

Originally Posted by TheLeeds

Glad you got some good news.

I noticed from reading this thread, that covenants had been mentioned.
Whilst doing a bit of legal research on the subject, I came across some interesting case law. One such case was Hepworth v Pickles, which effectively says a covenant which has not been enforced for over 20 years is deemed to be waived.

Ah covenants.

In 1988 a house we bought had a covenant that prohibited us from selling wet fish.

How strange.

Had I known at the time of the 20 yr limitation I could have made a killing ( NOT ).

Colin

[Triple-S]

Interesting. A friends place currently being sold has some sort of caravan parking restrictions within the deeds, but if all houses on her estate have such stipulations they are being ignored. Almost every house down her road along the south coast has a static caravan occupying most of their concreted front gardens (ie well in front of the building line) whilst their day-cars have to sit in the road.
I reckon it depends on the local Council to enforce such things: obviously no moaning neighbour problems there - perhaps luckily.

P

[Tannaton]

Just to be clear on Restrictive Covenants in property deeds - they have a beneficiary and only the beneficiary or successor can enforce it. So (hypothetically) if you bought a house from F Bloggs Builders, and F Bloggs placed a restrictive covenants in the deeds saying you could not store a caravan on the drive - only F Bloggs (or his successor in title) can act to enforce the covenant - not the council, not the neighbours.

As has been pointed out - in some cases where the covenant has been breached and that breach has not been acted on for some considerable time (i.e. 10 years plus) in some cases the courts may take the view that it is not appropriate to enforce it. That cannot be taken for granted however.

If the covenants are very old and/or unlikely to be relevant in this day and age, you can usually insure yourself for breaching them and this isn't usually expensive - but this would normally be around building alterations rather than caravan parking....

Anyone thinking of breaching a covenant should do their homework - in some cases they may be linked to a charge on the property which means breaching the covenant could allow the beneficiary to reclaim title or force sale. This is most unusual however, and the vast majority of mortgage companies would not lend against properties with such restrictions.

I have covenants that I can't keep more than No. 4 pigs or sheep and I can't dig up the clay in my garden to make bricks.....

[gillberry]

Originally Posted by Munro83

It went our way!!! Got a letter of permission from the local council. Totally chuffed and what a relief.

Glad you like the photo- that's our 6yr old gsd poppy. We also have a 1yr old gsd, Angus.

Forgot to say we also have two, 7 year old Millie and 18 month old Maddie 😍

[Munro83]

Originally Posted by gillberry

Forgot to say we also have two, 7 year old Millie and 18 month old Maddie 😍

How are you getting on with the 18 month? Angus -15 months is nuts. Think tigger from Winnie the Pooh and that's our dog 🙄

[gillberry]

We are still looking for the off button, poor Sam cat is still a black thing that I can escort around the house or chase at 100 miles an hour in and out of the cat flap as he likes to wind her up. Millie just looks at us to say why did you bring her home?