Can I park a Motorhome on my drive?

[IanW18]

Before purchasing a motorhome, I have been reviewing the lease agreement for my property. I'm not seeking legal advice, just guidance if you have encountered a similar clause.:

With the object and intent of achieving uniformity of siting design and external appearance on the Estate not to erect or maintain or suffer to be erected or maintained on such part of the Property as is situate between the front and any side building line of the said dwellinghouse and the abutting road or roads any building erection or structure whatsoever whether movable or immovable (other than a porch of and to the said dwellinghouse which shall not protrude more than four feet in front of the said building line) or any gate gatepost wall fence hedge or other partition (particularly not to park any caravan or other house on wheels or movable dwelling or boat either thereon or on the footpath or driveway to the dwellinghouse) and such part of the Property shall at all times during the Term be left open and unbuilt upon and laid out as a garden (but predominantly as a lawn) and kept in a neat and tidy condition and free from...

Does this appear unlikely I can park a motorhome on our drive?

 

[DandJ]

I'd say their 'house on wheels or movable dwelling' is clearly aimed at a motorhome or campervan.

 

[carolyn]

If it’s a new estate then I don’t think you can. If it’s an old estate then you “probably” can as it was often put in apparently to keep the estates nice and neat and tidy. Can be a bit of a minefield. No easy answer unless it’s a new estate and then no.

 

[the2ofus]

We were in a similar situation about 12 years ago when we were about to buy our first motorhome. First of all we put it to our immediate neighbours and they all said no problems at all and wished us well with it. It seems that some clauses were put in the agreement by the original developer as they thought that it might lower the tone of the area and affect sales. But we've been fine for 12 years with no problems. But of course the situation where you are could be different. Best to check first of course. Good luck

 

[philann]

You can always park it on the road outside your house, can’t see the sense in stopping driveway parking!

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[TheMobileWanderer]

(particularly not to park any caravan or other house on wheels or movable dwelling or boat either thereon or on the footpath or driveway to the dwellinghouse)

I think that part means no. However, we're it to apply to my property, I would seek out motorhome storage and know the full array of options open to me. I would then park on my property if it didn't create a huge eye-sore for my neighbours, by which I mean a blockage that they couldn't miss if they step outside.

If someone were to complain, I'm sure they would highlight the relevant text from their lease at which point I could apologise for the oversight and then avail of one of my other options.
[Edited re grammar]

 

[IanW18]

The estate was built on the cusp of 80s/90s.

Speaking with the neighbours is a good shout. We are hiring a motorhome at the end of May, so I'll raise the topic beforehand.

 

[Abacist]

The other issue is that it is a lease as opposed to a freehold. The next question is it a long leasehold or a short lease so is it actively managed with a rent equivalent to or more than a mortgage or a “Peppercorn”. If it is a short lease the the landlord may just be passing on the freeholders requirements/covenants and may give permission on condition that it’s moved in the event of complaints.

 

[AndyPK]

Do any others on the estate have caravans/motorhomes/works vans parked on their drives…..??

 

[Otter Spotter]

Firstly check who owns the freehold and if it’s changed hands since the estate was built then there is a good chance that any conditions in the lease/covenants, will not be policed unless a nimby complains about your van. As suggested speak with your neighbours and get them onside, then it will less likely that you will get a letter from the leaseholders.
Remember this would be a civil matter so most will not want to spend too much enforcing matters.

Have a look around the estate for other MHs and fences, gates etc. if it looks as though there a few then I suspect the Leaseholder isn’t interested anymore.

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[carolyn]

The estate near us built in the 70’s had a nightmare resident who was a long term resident. He made life a misery for neighbours who tried to park caravans or motorhomes even overnight before a trip. This was despite there being about 10 works vans parked on drives. I think he may have finally died as a couple of motorhomes have appeared recently.

Disputes with neighbours have to be reported when selling properties so I suppose you have to be so careful.

 

[the2ofus]

My guess is that most of your neighbours would prefer a decent looking motorhome on your drive than say a skip lorry or an old pick-up loaded up with scrap metal or similar.

 

[swemmy666]

Guess this can lead to the ridiculous situation of identical panel vans, one for a builder and the other used as a MH having different outcomes

 

[DavidG58]

The estate was built on the cusp of 80s/90s.

My understanding (probably ill informed ) is that the developers would be the only ones to enforce this, do they even exist now and are they likely to give a damn

 

[Frank w]

You can always park it on the road outside your house, can’t see the sense in stopping driveway parking!

we did this on a quite road next to our house, however our insurance company refused to insure it if parked on the street.

Caravan Guard btw.

We're lucky enough to have two drives to park it on.

Frank

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[IanW18]

Thank you for your responses.

The original developer transferred the lease to Simarc, who showed a strong interest when our neighbour built an extension, as they required both permission and a sizable fee.

There are other motorhomes located on the surrounding streets. At this point, I'm not sure if they are freehold or leasehold. I believe they are fairly recent purchases, but I wasn't actively looking for them before!

Our immediate neighbours are quite friendly, although there’s always the possibility that someone a few doors down might have too much time on their hands!

I haven’t thought about insurance yet.

 

[Pausim]

My understanding (probably ill informed ) is that the developers would be the only ones to enforce this, do they even exist now and are they likely to give a damn

I beg to differ. This looks like the type of clause that was intended to run with the land and be enforceable by anyone who thought the motorhome was spoiling their view.

 

[gus-lopez]

My guess is that most of your neighbours would prefer a decent looking motorhome on your drive than say a skip lorry or an old pick-up loaded up with scrap metal or similar.

Guess this can lead to the ridiculous situation of identical panel vans, one for a builder and the other used as a MH having different outcomes

Very unusual for them not to also exclude" any type of commercial vehicle ,whether sign written of not & also to include any type of trailer. (This was to prevent the banger racers parking them up after use)
All the above was included in the last offplan house we purchased even to the extent that when a friend went to buy one & pulled up in his unsignwritten works van they asked him where he proposed parking that & when he replied on the drive they refused to even discuss selling a property to him.

 

[pandas]

Before purchasing a motorhome, I have been reviewing the lease agreement for my property. I'm not seeking legal advice, just guidance if you have encountered a similar clause.:

With the object and intent of achieving uniformity of siting design and external appearance on the Estate not to erect or maintain or suffer to be erected or maintained on such part of the Property as is situate between the front and any side building line of the said dwellinghouse and the abutting road or roads any building erection or structure whatsoever whether movable or immovable (other than a porch of and to the said dwellinghouse which shall not protrude more than four feet in front of the said building line) or any gate gatepost wall fence hedge or other partition (particularly not to park any caravan or other house on wheels or movable dwelling or boat either thereon or on the footpath or driveway to the dwellinghouse) and such part of the Property shall at all times during the Term be left open and unbuilt upon and laid out as a garden (but predominantly as a lawn) and kept in a neat and tidy condition and free from...

Does this appear unlikely I can park a motorhome on our drive?

Depends if you want to get on with your neighbours?

 

[Gary S]

I'm also currently looking at this as we're planning to downsize and are aware of the restrictions on modern developments.

I was speaking to the sales office at a new build site and while they insert a covenant into the title, they also let slip that their head office have the discretion to waive the covenant on a case by case basis.

In the specific scenario being referred to, the property had a private driveway that was shielded from neighbours, but I guess it does mean they are setting a precedent which could be used in the future.

The earlier comments about the developer being the only entity who could enforce the covenant are correct, so even if your neighbour didn't like it, there isn't much they could do about it. The exception to this is where the management of the estate passes to an entity such as a residents association, and as they are usually made up of owners, it may well be enforced (at apparently significant cost!).

If we decide to buy such a property, it would only be if the driveway had sufficient privacy to be discreet, so we could park it there to load/unload, and maybe depending on the reaction, consider keeping it there longer.

Being a complete hypocrite, I wouldn't like a motorhome parked outside my house, so I can understand both sides of this!

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[pappajohn]

Just do it.....
If neighbours complain park it on the road.
Unless it's causing an obstruction it would take a court case to make you move it providing it's insured, taxed and MOT.....and that won't happen.
Are the builders still in business?
They usually place these covenants to prevent you doing things before the rest of the houses are sold.
If they aren't in business the restrictions died with the company.
If they are current contact them and see what they say

 

[Pausim]

The earlier comments about the developer being the only entity who could enforce the covenant are correct, so even if your neighbour didn't like it, there isn't much they could do about it.

This is not so, many covenants convey the benefit as well as the burden of the covenant to all purchasers and their successors. It depends on how they were written and the original intention but there are many situations where another resident can enforce a covenant. For instance many open plan estates have covenants written in this way to make sure the open plan appearance is maintained long after the developer has disappeared or gone bust. It is possible that some restrictive covenants were imposed to comply with the requirements of an open plan planning permission.

 

[Brains]

The one oddity about the covenant is the mention of porches extending "Four Feet".
Imperial measurements were dropped from all official documents from about mid 1960's onwards.

Imperial measurements were officially dropped in 1967.
Which means no one under retirement age in the UK ever learnt the old imperial measurements officially at senior school.

The use of Imperial measurements implies the Covenant pre-dates the building of the estate in the 1980's-90's, and therefore the developers were forced to pass the existing Covenant onto the new buyers of the properties.

I think before you buy your need to:
A) Look at local storage options.
B) Look into the history of the Covenant, who inserted the clause, when and why.

 

[TDub49]

Before purchasing a motorhome, I have been reviewing the lease agreement for my property. I'm not seeking legal advice, just guidance if you have encountered a similar clause.:

With the object and intent of achieving uniformity of siting design and external appearance on the Estate not to erect or maintain or suffer to be erected or maintained on such part of the Property as is situate between the front and any side building line of the said dwellinghouse and the abutting road or roads any building erection or structure whatsoever whether movable or immovable (other than a porch of and to the said dwellinghouse which shall not protrude more than four feet in front of the said building line) or any gate gatepost wall fence hedge or other partition (particularly not to park any caravan or other house on wheels or movable dwelling or boat either thereon or on the footpath or driveway to the dwellinghouse) and such part of the Property shall at all times during the Term be left open and unbuilt upon and laid out as a garden (but predominantly as a lawn) and kept in a neat and tidy condition and free from...

Does this appear unlikely I can park a motorhome on our drive?

Probably not. So much for your home being your castle. Leasehold is pernicious and medieval.

 

[Brains]

Probably not. So much for your home being your castle. Leasehold is pernicious and medieval.

It's not just Leasehold, it applies to Freeholds as well.

We live in a Freehold house built in 1897
The land belonged to a large estate before it was developed.

Our Freehold has clauses that says we are not permitted to:

• Set up any form of butchery business (Not even an on-line one!)
• Not permitted to butcher animals (not even in the privacy of our own living room!)
• Not permitted to sell alcohol or set up any business involving the sale of alcohol.
• Dry washing outside on Sundays.

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[Emmit]

Don't you just love??legalities.

Off topic I know but when I started 'the Job' in the seventies, (Nineteen, cheeky) it was illegal in Leeds to sell or offer for sale, fried fish and chips from, (my capitals) A FRIED FISH AND CHIP SHOP.

If course, that didn't stop the burgeoning Chinese and Asian take aways providing the necessary.

 

[Howard B]

The freehold property we recently purchased has similar wording in the covenant. I was a bit worried that we may have needed to find storage once we moved in. The MH is in full view, however all our neighbours have complimented us on tit and we have seen a few others on the estate now. There are other properties who are also breaking other covenants so I guess no one is worried about compliance any more. So it looks like we may be OK unless we get a new neighbour in the future who object.

 

[denisejoe]

Under 3.5 tons ok to park on the road over you need lights on at night to be legal

 

[Jimbohorlicks]

Thank you for your responses.

The original developer transferred the lease to Simarc, who showed a strong interest when our neighbour built an extension, as they required both permission and a sizable fee.

There are other motorhomes located on the surrounding streets. At this point, I'm not sure if they are freehold or leasehold. I believe they are fairly recent purchases, but I wasn't actively looking for them before!

Our immediate neighbours are quite friendly, although there’s always the possibility that someone a few doors down might have too much time on their hands!

I haven’t thought about insurance yet.

If the freehold has been sold on its a form of investment . Have you enquired about buying the freehold? It may be less than a few years storage costs and will also increase the value of your property..
Where freeholds have changed hands the new freeholder will try to maximise profits so surprised if they haven't approached every leaseholder already. The charging for planning permission etc is another way they max profits.

 

[Nanniemate]

A lot of new estates now you don't own the roads and pay a management fee to the developer/management company .

I looked at a similar house to the one I.luve in now. Ideal where I'd like to be nor perfect But compromise...until u heard about the management fees .I was off as fast as a ccc warden if you ran.over the pegs