Taken

Its why I always look to put an uplift clause on any property with land that I sell and my solicitors always recommended setting a time limit
 
There is a similar "covenant" on my property, placed by the builder. I pointed this out to the solicitor, and have her letter of reply:-. "As the builder was "incorporated" and is now defunct in law. (went bust just after the estate was completed and liquidated) There is no legal entity that can pursue and such claim". So ONLY the person or entity who made the covenant can instigate a legal challenge. I am told that this is the case, unless the covenant was passed on by legal deed.? (successors in title? which in my case does not apply).
 
Just tell your neighbours that as the MH is taxed and insured , you w
 
Billyshotts said:
Hi.have been taken to court by neighbour next door for having motorhome on driveway .have been to first hearing and the cost for lawyers fees was £2280 ?. Need to get judgement if a motorhome is classed as a caravan on the title deeds..the only problem is the cost to proceed further as lawyer has quoted a cost of around £15000 if I lose the case ,it's a cost that I can't afford to continue with unless I can get help with the cost .so iam asking all motorhome owners if you would like to donate to the cost of going ahead with the case so we can get this sorted once and for all..thank you
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hello id be willing to pay the full amount of your legal cost because im a very generous person who has had terrible bad luck in the past but fortunately have just received over 3 million sterling from a deceased aunt in Nigeria ,so please forward me all your banking details ,date of birth and national insurance number,once i receive these your problems with your neighbor will seem trivial
 
Billyshotts said:
The covenants that are in place then is a caravan (that has to be towed) not a motor caravan that can be driven
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See above. In any legal discussions I've read motorhomes are lumped in with caravans.

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Back in December in the tread about crowdfunding, I asked you kind people for £70,000 to upgrade my van.
Move over mate I was first in the begging que.......
 
Rubbing your neighbours up the wrong way will always cause long term trouble.
 
38th post and asking everyone for money?
I’m speechless!
A distinct lack of info as to why their neighbour has served court papers on them.
Maybe they’ve parked it directly in front of their window, maybe it’s blocking light. Maybe it’s on a shared drive and the other neighbour can’t get around it.
So many unfolds here.
Is this the new I’m a Prince in Nigeria and I need your bank details in order for me to share my royal wealth with you?
 
GAVLAD said:
38th post and asking everyone for money?
I’m speechless!
A distinct lack of info as to why their neighbour has served court papers on them.
Maybe they’ve parked it directly in front of their window, maybe it’s blocking light. Maybe it’s on a shared drive and the other neighbour can’t get around it.
So many unfolds here.
Is this the new I’m a Prince in Nigeria and I need your bank details in order for me to share my royal wealth with you?
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Have you ever been to Forth ? ?


I once watched a movie called
The Hills Have Eyes. ?
 
Covenants can be technical and complex, the key part is who can enforce a covenant it may be the developer as PeteH above or it can be all the property holders on an estate. Your solicitor should be able to tell you this. If its the developer you neighbour has little chance of success. If its communal then an enforcement court order is almost certain, with you having to pay costs. You are paying your solicitor for this basic information.
 
SomeoneElse said:
Covenants can be technical and complex, the key part is who can enforce a covenant it may be the developer as PeteH above or it can be all the property holders on an estate. Your solicitor should be able to tell you this. If its the developer you neighbour has little chance of success. If its communal then an enforcement court order is almost certain, with you having to pay costs. You are paying your solicitor for this basic information.
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It’s seldom straight forward which is why 50% of people who go to a civil court end up losing.

It’s unclear from the OP what the actual issues are that the court is being asked to decide upon.

I suspect ( but don’t know) that it is a little more complex than whether a Motorhome is a caravan.
 
Chris said:
It’s seldom straight forward which is why 50% of people who go to a civil court end up losing.

It’s unclear from the OP what the actual issues are that the court is being asked to decide upon.

I suspect ( but don’t know) that it is a little more complex than whether a Motorhome is a caravan.
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No such thing as black & white as far as the law is concerned eh?
 
Dictionary definition of a motorhome is different from a caravan. Anyway who wants to trudge across a desert on a camel ??

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Langtoftlad said:
No such thing as black & white as far as the law is concerned eh?
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The point I was trying to make is without the exact wording of the covenant its impossible to assess the blackness or whiteness of the claim. The OP doesn't need crowdfunding at this stage just a solicitor who can reliablely explain the covenant in words of one syllable.
 
In my experience and to my knowledge these covenants are put in place by the developer / builder to make the development look more attractive whilst building and selling the houses. Once all has been completed and they have gone off elsewhere, you can have a covenant removed,
How long have you been keeping it on the drive, was it there when he brought the house?
If all else fails park it on the road, if no parking restrictions, simples
Joe
 
I've just spotted that the OP is from Scotland which has a different legal system from England so all bets are off. Professional legal advice is still the way forward.
 
Have you sat back with your neighbor's hat on and thought what it would be like to have a large white tin box blocking your view and casting a shadow onto your life. People can sometimes be very selfish with there personnel space and belongings.
 
Jim said:
Sorry, that's not true what was I thinking. :D
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I have seen yours a few times....

And I think you have quite a big one.... looks perfect... (y)

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