Taken

[Peter and Julie]

Pay your costs up to now and put van in storage. No from me. Use some common sense!

 

[68c]

How big is your motorhome? If it is in fact a small VW size campervan you be on a winner, if it is a 6m C Class probably not. Are there any covenants preventing on road parking outside your house? (Or any one else's)

 

[PhilandMena]

I wonder if he has any mates who could help him. Perhaps not !

 

[TheBig1]

the most important thing about these restrictive covenants is WHO? has the right to enforce them? It will be the original developer/builder in the vast majority of cases, and if they are either no longer interested or have disappeared, then unenforceable

Just a neighbour pursuing an old covenant would fail as it is not their covenant to enforce plus they will be devaluing their own home and yours for years to come as any neighbour dispute must be noted by law if either party want to sell the property. I have used that defence on a couple of properties where the neighbours disliked caravans, motorhomes or boats on driveways. Shortsighted stupidity by the neighbour

 

[simsy56]

I'm out!

Craig

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[frogijock]

I may be wrong, but I understood a covenant can only be enforced by the person/company that issued it.

 

[Chris]

Some covenants are expressed to grant the current owner the right to enforce them which protects against the no longer in existence builder or original developer.

Not sure how stuff operates in Scotland, but I would say to the OP to be careful because if he ends up paying his own costs and his neighbours costs, it could be a painful and expensive lesson.

 

[pappajohn]

Covenant says you can't store it on your property...... Park it on the road.

 

[David and Sally]

What ahppened to the title and OP?

 

[gus-lopez]

For what you have paid so far you could have had him "disappeared " 4 x.

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[MR. FUSION]

Taxed and insured with current MoT?

If so park it on the road. Not breaking any covenant then.?

Unless it's like my road where in the covenants it says parking is only allowed in specified parking bays.

 

[Two on Tour]

What ahppened to the title and OP?

Realised he was Billy no friends, tried to delete the thread and then buggered off.

 

[pappajohn]

I'll consider contributing 50% of your legal fees on condition I get full and unconditional use of the motorhome at any time giving one weeks notice of commencement.
If you sell the vehicle within 8 years of commencement I reserve the right to 100% of my investment being returned at date of sale.
All aspects to be written into a legal contract.


Almost as rediculous as asking strangers to give you money to solve your own problem!

 

[Spriddler]

Is this a wind up.....

Presumably the OP has deleted the 'story' because all I see in the Op's first post is:...

Hi

 

[Paddywack]

the most important thing about these restrictive covenants is WHO? has the right to enforce them? It will be the original developer/builder in the vast majority of cases, and if they are either no longer interested or have disappeared, then unenforceable

Restrictive covenants often protect "successors in title", not just the original owner.

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[pappajohn]

Presumably the OP has deleted the 'story' because all I see in the Op's first post is:...

Hi

Have a look at Buttons post (post #2)
He quoted the OP.

 

[WESTY66]

I thought I read (can’t remember where, but it was in the last two months) that a covenant only lasts 10 years???‍??‍

 

[Spriddler]

Have a look at Buttons post (post #2)
He quoted the OP.

Thanks. Strangely the full post is there now.
Hmm, fifteen grand 'aint going to happen. It would be cheaper for the OP to use storage as do others.

 

[pappajohn]

Thanks. Strangely the full post is there now.
Hmm, fifteen grand 'aint going to happen. It would be cheaper for the OP to use storage as do others.

Strange. I noticed that when I went to check buttons post number.
Maybe Jim put it back in.

 

[Spriddler]

Strange. I noticed that when I went to check buttons post number.
Maybe Jim put it back in.

Could be that the OP's neighbour told him to move it.

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[pagey]

I may be wrong, but I understood a covenant can only be enforced by the person/company that issued it.

i thought that until yesterday when i was talking to my solicitor he quoted that it will always be there but may not be enforceable. it also depends how old the covenant is, the judge may decide it is not appropriate in this day and age but maybe not its a very grey area do you feel lucky

 

[pappajohn]

i thought that until yesterday when i was talking to my solicitor he quoted that it will always be there but may not be enforceable. it also depends how old the covenant is, the judge may decide it is not appropriate in this day and age but maybe not its a very grey area do you feel lucky

The judge may decide its not appropriate yet still not award costs.

 

[Ralph-n-Bev]

Almost as rediculous as asking strangers to give you money to solve your own problem!

Agreed

But it doesn’t stop thousands of people begging with those just giving pages. Everyone’s at it .
Can’t blame him for trying I suppose.

 

[pappajohn]

I think a lot of covenants are put in place by the builder to protect his sales while he still holds unsold properties.
Once the last property is sold the builder couldn't give a monkeys about future resales.

 

[pagey]

The judge may decide its not appropriate yet still not award costs.

agreed but he will be able to park at home for only £15,000 bargain

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[pagey]

I think a lot of covenants are put in place by the builder to protect his sales while he still holds unsold properties.
Once the last property is sold the builder couldn't give a monkeys about future resales.

exactly what came out in my conversion yesterday if the builder or company is untraceable he is likely to win on principle but will still have to pay the costs

 

[Yorick]

If covenant mentions "caravan" then that would be taken to mean any sort of caravan , ie motorised , horse drawn , towed , if not specified . You are on a hiding to nothing JMHLO

Check the dictionary

caravan

1. a wheeled vehicle for living or travelling in, especially for holidays, that…

dictionary.cambridge.org

 

[DuxDeluxe]

Check the dictionary

caravan

1. a wheeled vehicle for living or travelling in, especially for holidays, that…

dictionary.cambridge.org

Yes, but what if the V5 says motor caravan?

 

[tacr2man]

Check the dictionary

caravan

1. a wheeled vehicle for living or travelling in, especially for holidays, that…

dictionary.cambridge.org

I stand by the point , it did not specify what type of caravan , there being more than 1 (as mentioned in the ref you supplied) and a motorcaravan is indeed a type of caravan as shown by the inclusion of the very word caravan .

 

[Campervan_man]

Loop hole?
Put it on yellow wedges it's not on the driveway then or fit hydraulic legs to raise it off the ground.

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