Parking Motorhome on new property development

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Dave46049

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Hi, I'm looking to buy a property on a brand new site - I've seen a number of different sites in our area and they all seem to have the same covenant as below:

Not to park any heavy goods vehicle on any part of the Property or the Development and not topark any light goods vehicle caravan boat trailer or similar type of vehicle on the Development andor the Property except out of sight of the other properties on the Development.

The property I'm looking at has quite a long driveway sandwiched between the house next door and the new house - so if I parked at the end of the driveway, the motorhome would be visable but only if you stood at the end of the driveway and probably, we'd probably have another car parked in front of it anyway. I guess this is to stop people parking vehicles that would obstruct the view / light / privacy of other home owners.

Does anyone think this could / would cause an issue?
 
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That's quite a 'generous' covenant as most new builds don't allow them at all. I wonder if it's down to there being a surge in MH ownership during COVID?

I can't see any issues with what you propose but the only way to be sure is to ask the developers if this would be acceptable and if so get it in writing.
 
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They could well enforce it ( the developer) untill they move off. We have had 3 new properties on 3 different developments, and have found that after the development is finished no one cares. However the management company could then try to enforce it, as they have ion our development, but there are so many self employed people with vans ( over 30 vans) it's not really possible to enforce, there are motorhomes and caravans on ours. We do not park our van at 🏡 me but did park a van for 10 yrs. We had one letter tells ng us to move it, I thought when we verone else does I will. Nothing ever came of it. It your risk are you willing to take it ?

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Dave46049 said:
I guess this is to stop people parking vehicles that would obstruct the view / light / privacy of other home owners.

Does anyone think this could / would cause an issue?
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I suspect it's because they think the presence of motorhomes or caravans, in addition to other considerations, lowers the tone of the neighbourhood. A NIMBY clause.

I think there's a high risk that one of the other owners will complain - "It's not out of sight. If I stand here and look at that precise angle, I can see..."
 
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Dave46049 said:
Hi, I'm looking to buy a property on a brand new site - I've seen a number of different sites in our area and they all seem to have the same covenant as below:

Not to park any heavy goods vehicle on any part of the Property or the Development and not topark any light goods vehicle caravan boat trailer or similar type of vehicle on the Development andor the Property except out of sight of the other properties on the Development.

The property I'm looking at has quite a long driveway sandwiched between the house next door and the new house - so if I parked at the end of the driveway, the motorhome would be visable but only if you stood at the end of the driveway and probably, we'd probably have another car parked in front of it anyway. I guess this is to stop people parking vehicles that would obstruct the view / light / privacy of other home owners.

Does anyone think this could / would cause an issue?
Click to expand...
When we bought our new house, ok 30 years ago, there was a covenant re caravans, we asked for permission from the builder as they set the covenant, and permission was provided for us, and is included within the title to the property.
 
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Even if its a long drive, your neighbours will see it from their upstairs windows. We have a similar covenant on ours and our house was built in 1970 so this isn't a new thing, apparently I can't keep pigs either. We have neighbours with caravans and vans parked on their drives and nobody has ever said anything probably due to the age of the covenant and nobody to enforce it. The land was originally church land I believe. I think the issue with new builds is there must be space on the drive to park cars and they not be parked on the road. As with most new estates the roads are extremely narrow.

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Gates would effectively bridge between the 2 houses as you would have to connect the gate post to the neighbouring property which is likely not allowed.
 
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Minxy said:
That's quite a 'generous' covenant as most new builds don't allow them at all. I wonder if it's down to there being a surge in MH ownership during COVID?

I can't see any issues with what you propose but the only way to be sure is to ask the developers if this would be acceptable and if so get it in writing.
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If the developers are keen to make a sale, they ought to be willing to provide a formal derogation from the restrictive covenant for the benefit of at least the first purchaser, by Deed if necessary. That would enable the OP to have a complete defence. The OP's solicitors should be instructed to do the formalities. It would have to be shown on the Register of Charges for that new title, kept by HM Land Registry. Otherwise other house buyers on the same estate (not just the developers) have the right to enforce the covenant because it is classed as a "building scheme". The law on this subject is complicated. I wouldn't rely on a simple letter from the developers.

Usual disclaimers apply - e&om etc.
 
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vzac said:
They could well enforce it ( the developer) untill they move off. We have had 3 new properties on 3 different developments, and have found that after the development is finished no one cares. However the management company could then try to enforce it, as they have ion our development, but there are so many self employed people with vans ( over 30 vans) it's not really possible to enforce, there are motorhomes and caravans on ours. We do not park our van at 🏡 me but did park a van for 10 yrs. We had one letter tells ng us to move it, I thought when we verone else does I will. Nothing ever came of it. It your risk are you willing to take it ?
Click to expand...

Agree completely… you’re running the gauntlet whilst the developer is ‘developing’ and selling, no one cares a couple of years later…

I have first hand experience of this when we bought our current property 24 years ago… had to site the offending vehicle in storage for a couple of years, then the residents who collectively objected and got the developer all riled up, either moved, got done for multi million of pound embezzlement and went to jail or lost interest.

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Dave - Guffy is correct, speak to the Developer. About 4 years ago we bought a new property and in negotiating the price we made it a condition that he altered our deeds to allow our motorhome. If they are not prepared to do this, walk away. With the housing market as it is, you are in a strong negotiating position. You may have to compromise in some way - positioning/extra foliage etc - but it may be worth it.

If you want to be neighbourly and nice, and if the house next door is occupied, knock on their door and explain what you are intending to do and ask if it causes any problems. It saves later aggro. If the house next door is not sold, then its tough and any new purchaser has to accept what they see.

Regards,
 
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Dave46049 said:
Hi, I'm looking to buy a property on a brand new site - I've seen a number of different sites in our area and they all seem to have the same covenant as below:

Not to park any heavy goods vehicle on any part of the Property or the Development and not topark any light goods vehicle caravan boat trailer or similar type of vehicle on the Development andor the Property except out of sight of the other properties on the Development.

The property I'm looking at has quite a long driveway sandwiched between the house next door and the new house - so if I parked at the end of the driveway, the motorhome would be visable but only if you stood at the end of the driveway and probably, we'd probably have another car parked in front of it anyway. I guess this is to stop people parking vehicles that would obstruct the view / light / privacy of other home owners.

Does anyone think this could / would cause an issue?
Click to expand...
Is the property freehold or leasehold. If its freehold as soon as the development is completed and the developers are gone. It will be free for all . Had similar on mine 15 years in nopne cares we have vans cars campers trailers.
However if its leasehold you will forever be tied to their rules.
Check the costs if its leasehold there are many in the country that are exterionate and the householders are trapped. There is a new law talked about to stop this but it has been put off again
Good luck and get it professionally snagged for a few £100 it will save you a lot of heartache
 
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Is that the exact wording?

Coz it's grammatically incorrect and likely unenforceable.
 
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This is what the site plan looks like - as you can see where I'm hoping to park has no real impact on neighbours.

1705584170551.png
 
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Is the purple house part of the development and are there properties planned for across the road that may have visibility down your drive?
 
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Dave46049 said:
Hi, I'm looking to buy a property on a brand new site - I've seen a number of different sites in our area and they all seem to have the same covenant as below:

Not to park any heavy goods vehicle on any part of the Property or the Development and not topark any light goods vehicle caravan boat trailer or similar type of vehicle on the Development andor the Property except out of sight of the other properties on the Development.

The property I'm looking at has quite a long driveway sandwiched between the house next door and the new house - so if I parked at the end of the driveway, the motorhome would be visable but only if you stood at the end of the driveway and probably, we'd probably have another car parked in front of it anyway. I guess this is to stop people parking vehicles that would obstruct the view / light / privacy of other home owners.

Does anyone think this could / would cause an issue?
Click to expand...
read mine and my friends years of drama on here and elsewhere.

Either get the developer to write it out of the D&C's or move on
 
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PaulW2 said:
Is the purple house part of the development and are there properties planned for across the road that may have visibility down your drive?
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The purple house is the house next door - they have their own driveway the otherside of their house and access to their garden that way.

This shows the properties opposite - they don't really see the back of the driveway.
1705590499899.png
 
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Dave46049 said:
Not to park any heavy goods vehicle on any part of the Property or the Development and not topark any light goods vehicle caravan boat trailer or similar type of vehicle on the Development andor the Property except out of sight of the other properties on the Development.
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Yes it can & will cause issues.I am also surprised that it does not state "no sign written vehicles" as they are usually first on the list .
Minxy said:
but the only way to be sure is to ask the developers if this would be acceptable and if so get it in writing.
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This^^^^^^^^^^^^^^
PaulW2 said:
I suspect it's because they think the presence of motorhomes or caravans, in addition to other considerations, lowers the tone of the neighbourhood. A NIMBY clause.
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No where I lived in Devon it was specifically aimed at the banger racers who would work on vehicles still on trailers on there own drives or in the roads.
SpeedyDux said:
If the developers are keen to make a sale,
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Where I bought off plan in Devon they refused to sell anything to my mate when they asked him outright where he was proposing to park his Transit van.
Dave46049 said:
Exact wording....

View attachment 856148
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No; 2 rules out attaching any gates to next door & No;3 rules out any gates or fencing also. Additionally they have also made the "open plan" completely open plan by banning any type of hedge at the property boundaries.
Also no;4 rules out any of those types of vehicle being parked anywhere as they will able to be seen from upstairs windows. It might seem a nonsense to you but if they are able to be seen from anywhere then they are banned by no;4
 
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Dave46049 said:
The purple house is the house next door - they have their own driveway the otherside of their house and access to their garden that way.

This shows the properties opposite - they don't really see the back of the driveway.
View attachment 856211
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It's a pain but I think I'd definitely want the belt and braces written contractual comfort that others have suggested.

As the thing (4th Schedule, Part A, Para 4) is written I think you will be visible. So potential curtain twitcher in 29 looks out of his window, sees a forbidden vehicle and complains that it's not "out of sight".

The reason I asked about the purple house is depending on where they have windows your drive may also be visible to them. Not a problem if they're not part of the development, but if they are the same sort of question could arise.

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Yorick said:
Surely they can't stop you parking on a public road ?
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Sorry me of these new developments, are managed by private companies, householders have to contribute annually even if they have freehold. Estate rds are not being adopted by councils. So no you can not these days assume you can park on the rd. It's all wrong but that's the state of the world we now live in.
 
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Take a look at the V5 log book for your cars. They will be clasified as Private Light Goods. so the covenant can't be enforced for some and not all. Ask nicely and you should be allowed. If a neighbour kicks off ask them to put it in writing as a neighbour dispute must be declared if they want to sell and it will devalue their property. Given the choice they tend to back off in my experience
 
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In my experience, the developers will tell you whatever us necessary to secure the sale. The covenants are for the benefit all the other owners so they have the right to enforce them, even after the developer is off site. It is not in the developer's 'gift' to amend the covenant if they have already sold with similar covenants as there is most likely a clause that they are all to be similar. The most they could do properly do is a side letter of consent which can be revoked in the event of complaint.

We have a similar covenant on ours, so we modified the garage to fit it in!

Ps I do conveyancing....
 
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