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      10-04-2012, 08:08 AM   #1
chris_s1
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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
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      10-04-2012, 08:23 AM   #2
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Is there a caravan problem in your area then?
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      10-04-2012, 08:24 AM   #3
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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.
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      10-04-2012, 08:50 AM   #4
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Do you hate caravans THAT much ??
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      10-04-2012, 08:52 AM   #5
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It should be legal (and in fact encouraged) to destroy all caravans with a shoulder-launched RPG. Fcuking vile things.
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      10-04-2012, 08:55 AM   #6
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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
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      10-04-2012, 08:58 AM   #7
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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.
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      10-04-2012, 09:06 AM   #8
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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.
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      10-04-2012, 09:09 AM   #9
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The problem is the owners of the vans/motorhome/trade vehcles, will just park them on the street.
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      10-04-2012, 09:19 AM   #10
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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.
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      10-04-2012, 09:57 AM   #11
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surely you could take pictures if the owner is just going to move it everytime?
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      10-04-2012, 09:59 AM   #12
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Quote:
Originally Posted by MEGA View Post
Do you hate caravans THAT much ??
He's worried Jeremy Clarkson will come around and set it on fire.
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      10-04-2012, 10:03 AM   #13
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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.
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      10-04-2012, 10:05 AM   #14
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Quote:
Originally Posted by MEGA View Post
Do you hate caravans THAT much ??
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.
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      10-04-2012, 10:16 AM   #15
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Agreed. I wouldn't buy a house near one so afflicted. We have a similar covenant whichis fortunately adhered to.
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      10-04-2012, 10:51 AM   #16
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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.
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      10-04-2012, 11:12 AM   #17
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Quote:
Originally Posted by MEGA View Post

At least it shows people in the neighbourhood have some exposable income.
That conjures up images of bowler hatted,briefcase wielding gents, dressed in black macs exposing bulging money belts around their midriff!

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
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      10-04-2012, 11:36 AM   #18
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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
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      10-04-2012, 02:23 PM   #19
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Quote:
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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
Hmmm, that's a good point, if I pursue it he may attempt to get it removed.......
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      10-04-2012, 02:29 PM   #20
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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 . . . . . . .

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      10-04-2012, 02:57 PM   #21
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Quote:
Originally Posted by AlwynMike View Post
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
This thread is actually about a motorhome, not caravans....and it wasn't supposed to be a rant about caravans exactly - I have no problem with people storing them somewhere appropriate.

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.
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      10-04-2012, 06:15 PM   #22
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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).
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