|
|
|
|
|
|
BMW Garage | BMW Meets | Register | Today's Posts | Search |
|
BMW 3-Series (E90 E92) Forum
>
Restrictive covenants?
|
|
10-04-2012, 08:08 AM | #1 |
Major
36
Rep 1,113
Posts
Drives: M235i 6MT
Join Date: Jun 2009
Location: Ontario, Canada
|
Restrictive covenants?
Any solicitors on here? Or anyone know anything about enforcing restrictive covenants on property?
Some scumbag up the road from me has decided he needs a motorhome and had parked the thing permanently on his driveway. I know there is a restrictive covenant on the properties that forbid this. How can I use this to make him get rid of it? Up until now, the entire estate is free from caravans and motorhomes and that's one of the reasons we moved here. There were several properties we rejected purely on the neighbours caravans. So I genuinely believe this is having a negative effect on my property and my potential ability to sell in the future. I want to nip it in the bud before anyone else around here starts to think its 'ok' and before we know it I'm living in a trailer park. More to the point, if everyone else respects the covenants, why should he get away with it? Thanks for any advice |
10-04-2012, 08:23 AM | #2 |
The Tarmac Terrorist
949
Rep 29,345
Posts
Drives: 997.2 GT3
Join Date: Mar 2007
Location: ''Fandango Towers''
|
Is there a caravan problem in your area then?
__________________
997.2 GT3
|
Appreciate
0
|
10-04-2012, 08:24 AM | #3 |
Major General
1045
Rep 6,947
Posts |
Totally agree. Who prepared the restrictive covenant as it is to them that you need to make the complaint and then they lean on the offender.
|
Appreciate
0
|
10-04-2012, 08:50 AM | #4 |
Dieseasal
204
Rep 6,881
Posts |
Do you hate caravans THAT much ??
__________________
Previously: 2003 Peugeot 206 1.6 8v | 2006 E90 320d M-Sport, 19" BBS CH, Full Ice-cold JL audio install, August 2010 Total BMW 6 page feature car. | 2003 Nissan 350Z GT Coupe 286BHP
Now:2010 E92 LCI 335d M-Sport |
Appreciate
0
|
10-04-2012, 08:52 AM | #5 |
Major General
1400
Rep 8,086
Posts |
It should be legal (and in fact encouraged) to destroy all caravans with a shoulder-launched RPG. Fcuking vile things.
__________________
Ian
Current: 2021 G21 330i M-Sport Previous: 2018 A6 Avant S-Line MMI+, 2014 F31 320d M-Sport, 2013 F10 520d M-Sport, 2011 F10 530d M-Sport, 2008 320i M-Sport Coupe, 2002 325i, 2001 318i valvetronic, 1998 318i, 1996 525i, 1990 Porsche 944S2 |
Appreciate
0
|
10-04-2012, 08:55 AM | #6 |
Brigadier General
258
Rep 3,815
Posts |
It woudl be on the deeds to the house. Problem is these days most are not upheld or controlled. We have covenant that in our road no trade vehicles can be parked on driveways. Number of neighbors that have vans in the area that have them and do so is amazing. Saying that a transit stuck on side of he house aint as bad as a motor home.
Usually covenants would fall under council best speak with them
__________________
F30 335i M Sport - now departed
|
Appreciate
0
|
10-04-2012, 08:58 AM | #7 |
Major General
193
Rep 6,110
Posts
Drives: Don't know yet!
Join Date: Jul 2007
Location: UK
|
When was the estate built?
Is the developer still in business? The problem you'll have is getting the covenant enforced,even if the developer (if they were responsible for writing the covenants in the first place) is still in business,sometimes the costs involved in dealing with those that don't comply rule out any action. Finding out who holds the covenants is your first course of action,this info will probably be on your deeds,you should have a copy somewhere.
__________________
=================================
Never argue with an idiot on the internet. He will drag you down to his level and beat you with experience. |
Appreciate
0
|
10-04-2012, 09:06 AM | #8 |
Colonel
73
Rep 2,396
Posts |
Bare in mind you may need to be a little careful, as most deeds that have such covenants will also have clauses relating to making changes to planting and the installation of satellite dishes and the like (I know mine does) - if you've done either, whilst you might not view these variations as offensive as parking a jalopy in plain view of everyone, it constitutes a similar violation.
It's just something to be aware of, if you attempt to have your neighbour force-fed the small print of his deeds by the developer and or management company (the bodies likely to retain responsibility for enforcement) - if I were in his boots (not that I would be, I can't f*cking stand caravans and the like) and assuming satellite dishes had gone up and people had made changes to their gardens I would be using the general degradation of these clauses to argue acceptance by all residents that the restrictive elements have been widely abandoned.
__________________
Gone but not forgotten:
325i M Sport (E92), Black Sapphire, Coral Red Dakota, 19" 225's, Seat Heating, 6FL and de-badge Replaced by 6.2 litres of AMG powered C class. |
Appreciate
0
|
10-04-2012, 09:09 AM | #9 |
Lieutenant General
1867
Rep 13,043
Posts
Drives: BMW M340I G20
Join Date: Aug 2007
Location: UK
|
The problem is the owners of the vans/motorhome/trade vehcles, will just park them on the street.
|
Appreciate
0
|
10-04-2012, 09:19 AM | #10 |
Colonel
73
Rep 2,396
Posts |
I had a friend who had a neighbour that flouted a similar covenant on an estate where the developer was still present and hence could enforce it; the situation went legal but a matter of days before the case was to be heard, the caravan was moved.
Case was abandoned. Low and behold, the caravan then returned. Fearing another 4 months of legal battle for the caravan only to disappear for a spell just long enough to have the case abandoned again, before it returned my friend took matters into his own hands and wrote an anonymous letter to the neighbour that suggested the caravan owner was a c*nt, he'd taken the piss out of his neighbours and enough was enough. He was given 48 hours to permanently remove the caravan otherwise it would be burnt on his driveway. Sure as eggs is eggs, the caravan disappeared then next day. Not suggesting this route works for everyone, but worth having at the back of your mind.
__________________
Gone but not forgotten:
325i M Sport (E92), Black Sapphire, Coral Red Dakota, 19" 225's, Seat Heating, 6FL and de-badge Replaced by 6.2 litres of AMG powered C class. |
Appreciate
0
|
10-04-2012, 09:57 AM | #11 |
Private
11
Rep 91
Posts |
surely you could take pictures if the owner is just going to move it everytime?
__________________
Wanted; Gloss Black Interior Trim - Gearstick/centre piece & door inserts
|
Appreciate
0
|
10-04-2012, 10:03 AM | #13 |
Major
36
Rep 1,113
Posts
Drives: M235i 6MT
Join Date: Jun 2009
Location: Ontario, Canada
|
Thanks for the advice and comments.
The estate was built in the 80's, I have no idea who the developer was and can't imagine they would be interested in getting involved in any complaints. |
Appreciate
0
|
10-04-2012, 10:05 AM | #14 |
Major
36
Rep 1,113
Posts
Drives: M235i 6MT
Join Date: Jun 2009
Location: Ontario, Canada
|
Yes. Yes I do. But more to the point I am most worried that now there is one dissenter several more will decide its ok as well.
Having been looking at houses recently, there are several areas I saw that were littered with the things and honestly there is no way I would buy a house there - so it has to be affecting the value. |
Appreciate
0
|
10-04-2012, 10:16 AM | #15 |
Major General
1400
Rep 8,086
Posts |
Agreed. I wouldn't buy a house near one so afflicted. We have a similar covenant whichis fortunately adhered to.
__________________
Ian
Current: 2021 G21 330i M-Sport Previous: 2018 A6 Avant S-Line MMI+, 2014 F31 320d M-Sport, 2013 F10 520d M-Sport, 2011 F10 530d M-Sport, 2008 320i M-Sport Coupe, 2002 325i, 2001 318i valvetronic, 1998 318i, 1996 525i, 1990 Porsche 944S2 |
Appreciate
0
|
10-04-2012, 10:51 AM | #16 |
Dieseasal
204
Rep 6,881
Posts |
I hate caravans as much as the next guy but assuming we are talking one or two middle class types who like caravanning as their holiday rather than a pack of pikeys then I'm not sure it'd impact my house choice. At least it shows people in the neighbourhood have some exposable income.
I'd be far sooner be put off by groups of kids in the street or by all the cars being shit than there being a caravan in the street. But I suppose each to his own. Don't get me wrong. I do hate caravans. I reckon you should torch the fucker.
__________________
Previously: 2003 Peugeot 206 1.6 8v | 2006 E90 320d M-Sport, 19" BBS CH, Full Ice-cold JL audio install, August 2010 Total BMW 6 page feature car. | 2003 Nissan 350Z GT Coupe 286BHP
Now:2010 E92 LCI 335d M-Sport |
Appreciate
0
|
10-04-2012, 11:12 AM | #17 | |
Major General
193
Rep 6,110
Posts
Drives: Don't know yet!
Join Date: Jul 2007
Location: UK
|
Quote:
Sounds like a weird place to live,even without the caravans I always thought Swindon was a wife swopping paradise,perhaps that's why there's so many caravans,they use them as waiting rooms
__________________
=================================
Never argue with an idiot on the internet. He will drag you down to his level and beat you with experience. |
|
Appreciate
0
|
10-04-2012, 11:36 AM | #18 |
Major General
136
Rep 5,050
Posts |
As far as I'm aware, the only person that can enforce the covenant is the person who put it on in the first place, for a reasonable consideration he could also just as easily remove it, then you'd be even worse off
|
Appreciate
0
|
10-04-2012, 02:23 PM | #19 |
Major
36
Rep 1,113
Posts
Drives: M235i 6MT
Join Date: Jun 2009
Location: Ontario, Canada
|
Hmmm, that's a good point, if I pursue it he may attempt to get it removed.......
|
Appreciate
0
|
10-04-2012, 02:29 PM | #20 |
Lieutenant Colonel
337
Rep 1,661
Posts |
At risk of being the recipient of hate mail . . .
I like my caravan. No, it's not stored at home, but only because I think that on the few occasions that we do use it, it is then obvious when we are away, and the house empty. There are 2 other caravanners on my road. One is kept where it can't be seen from the road, the other is at the same storage site as mine. Yes, I do tow it with my BMW. No, I don't have queue's behind me when towing. No, I don't mind being in a field, in the middle of nowhere, with no facilities - that's part of the attraction. No, I don't mind crapping in a bucket, then emptying it some days later. The sites I use are often just a field with a water tap. That's all we need. No, you wouldn't get me in a tent. The Art of Caravanning : Terrorising innocent motorists Bring on the vitriol . . . . . . . Mike |
Appreciate
0
|
10-04-2012, 02:57 PM | #21 | |
Major
36
Rep 1,113
Posts
Drives: M235i 6MT
Join Date: Jun 2009
Location: Ontario, Canada
|
Quote:
But we have restrictive covenants on our properties and I intend to use any means possible to make him remove it. I don't want our small estate to fall into the trap of anyone putting anything out the front of their houses. I went to see a house a few months ago, it was a £350k, 5 bedroom, double garage property in an estate of similar properties. When I turned into the small road there were 2 large caravans and a motorhome in a road of 6 houses. It looked like a fecking gypo camp. I mentioned this to the estate agent and she admitted other viewers had said the same. |
|
Appreciate
0
|
10-04-2012, 06:15 PM | #22 |
Captain
18
Rep 618
Posts |
I don't get it?
If you dont like caravans, fair enough. But who the feck are you to say what someone else can and cannot park on their property? Its their property. If one of my neighbours came up to me and told me to remove something off my drive because they didn't like the look of it, or the image it portrayed of the street / estate, they would be told, in no uncertain terms, get tae ****. Live and let live I say. If you don't want to live on a street where there is the possibility of caravans, move to the country (preferably not next to a caravan park). |
Appreciate
0
|
Bookmarks |
|
|