[124409]

Hi, new to the forum and about to be a new motorhome owner for the first time when my Autotrail is delivered in July. As a complete novice I have a lot to learn but have already hit on a potential stumbling block. The question I guess every new owner comes up against is 'where do I park it? ' Well my intention is to park it at home subject to some modification to the drive. However to keep a long story short one of my neighbours has raised an objection and said I should check my deed covenants relating to the house. I have and there is no mention of motorhomes - however there is a covenant restricting the parking of Caravans and Boats. I spoke to my solicitor who said that whilst the language specifically does not mention motorhomes that the covenant on caravans is probably intended to cover them and if my neighbour chose to sue me a judge might find in his favour. However, my dealership says they have come across a number of these cases and in their experience the owner has always won (they have no axe to grind as they already have my deposit).

Sorry for the waffle but I would be interested if anyone else (in the UK) has come up against this and what the outcome was. If there is an existing thread on the subject please point me at it. Thanks

 

[Patrick_Phillips]

Can only comment as a long serving local councillor who has had many such issues to deal with...
1. Try and treat with your neighbour - always the best way
2. Very few will actually go to law because it is an expensive thing to do
3. You can apply for the covenant to be lifted. There is a pretty high success rate as these covenants are often put in place by the developers solely for the purpose of keeping the unsold houses looking their best. Once the last one has been sold, they have no further interest in the covenant.

My advice would be to try these in the order here. Take (2) only as far as it looking as if the neighbour is getting the cheque book out; then cease parking at home while going for option (3).

Hope that helps
Patrick

 

[Briarose]

Hi we had a similiar problem..........anyway to cut a long story short, we phoned the original builder ref the covenant and they were not interested as it was over 10 years old and the original builder was long gone from where we live.

We contacted the council and police etc and again no one interested, the neighbour said we had a house on wheels, and that he would see us in court (even though he originally said he had no objection before we bought it) anyway in the end we told him it was a PLG taxed and tested vehicle...........this was over a year ago, I think this is the difference between a caravan etc as the MH is a vehicle.

Don't get me wrong if I thought we were causing him a problem etc I would be more than happy to talk and come to a compromise, but he was so unreasonable at the time that we were quite happy to leave the MH where it is.

 

[DTPCHEMICALS]

I had similar problems with neighbour.
Our deeds had a covenant that lasted for 10 years.
As your vehicle, not a caravan or boat is taxed tested and insured you can park it on the road.

This subject has been covered at length in previous posts.

You must try to stay friendly with this jealous neighbour.

Have you got an awfull leyllandi hedge that can screen the mh, or is there space to grow one.
Patricks sugestions are the route to go really

Dave P

 

[124409]

Thanks for the responses so far and the sound advice. As for trying to appease the neighbour, well I do try hard with neighbours - honestly - but I cannot abide when they think they have a right to tell you what to do on/with your own property.

Its not as if I am intending to park an old rust bucket - and that the thing, he has objected without even seeing it ! Also to Dave's point, the intended parking place is alongside the garage so 3/4 of the MH will be blocked from his view anyway !!! Again, I will try the nice way but I have already had a bet with my son that I will get a letter from his solicitor - he is that type I am afraid...

 

[billyfreda]

motorhome parking on drive

On my drive i have a RV, 2 cars and a horselorry all are taxed, insured and legal, there is nothing in our deeds that prevent the parking of such vehicules. If i were you i would park the mororhome on your drive but ensure that it does not obscure thier view or restrict thier access. Alternativly, invite them to go away for the weekend with you, they may enjoy it and decide to buy one also
billyfreda

 

[chapter]

you say (my intention is to park it at home subject to some modification to the drive) how much of a mod ? if you intend to path or concrete over a large area of grass you will need planning
chapter

 

[chrisndeb]

Hi Parish

I understand that a covenant is with the builder if the builder is no longer around or trading then nor is the covenant, But I maybe wrong.

We had major problems with our neighbour but we dont have a covenant so he had no case, and we talk now.

Although I know hes not happy with our MH on our drive.

Ive never heard of having to get planning to lay a drive, again I maybe wrong.

Good Luck

Chris

 

[teemyob]

Drive

Hi Parish

I understand that a covenant is with the builder if the builder is no longer around or trading then nor is the covenant, But I maybe wrong.

We had major problems with our neighbour but we dont have a covenant so he had no case, and we talk now.

Although I know hes not happy with our MH on our drive.

Ive never heard of having to get planning to lay a drive, again I maybe wrong.

Good Luck

Chris

Hello, yes new laws require planning for driveways due to flood problems (more drives = less grass = less places for water to drain).

Trev.

 

[paulmold]

Since the problems of major flooding affecting large areas of the country and one of the reasons for this is the fact that so many people have concreted over their gardens and therefore there is reduced areas for rainfall to drain away, you do have to get planning permission to get rid of grassed areas though I don't know if this only applies above a certain area. Check with your council.

 

[chapter]

here are the new regs see here
chapter

 

[karlb]

no plans/planning needed driveway

 

[Zebedee]

I'd suggest you pay your tenner to subscribe to MHF Parish, then you will have access to the search facility and can peruse the many posts about exactly this problem from a number of folk in your position.

Dave

 

[Jennifer]

First of all welcome. It is a shame that you are experiencing such a problem before you have even taken delivery of your new acquisition.
Legally, if you are having your kerb lowered, you will need to involve the local council. The covenant is enforceable. A restrictive covenant placed on deeds, runs for the lifetime of the property and beyond. Even if the Builder has gone, the covenant is still enforceable. You could try and purchase a restrictive covenant insurance policy, however I am not sure if an insurance company would cover you, bearing in mind the intending/pending action by your neighbour. One significate point is, if you have a mortgage over your property, a breach in a restrictive covenant could seriously jeopardise your mortgage provider. However, having said that, a MH is not a permanent fixture, so worst case scenario is that you would have to move it. I would suggest that you take legal advice, or search the internet on "restrictive covenants".

 

[chapter]

karlb read the link any thing that is not porous ie concrete,brick pavers,tarmac most types and anything over 5 sqm (about the size of a transit ) also if the fall is into the road you will need planning
i'm dealing with this week in and week out
chapter

 

[thePassants]

Hello,

Have you considered storage; to keep the peace, and to to give yourself more space too?

We pay about £40 per month for secure parking, a few miles away.

There are other benefits too: the absence of a conspicuous MH that's usually there is a good indication you're away!

 

[Blueflag]

We too had a problem with a petty minded neighbour. He was OK with our previous motorhome (smaller) which was a fixture when he moved in about 5 years ago. As soon as our 7 metre jobbie arrived he got all upset. Fact is, in our case it is too big for more than a week or two on the drive as I can't get my 2 wheeled toys past it so we have it in storage now. Quite amusing how upset he got. Still, it stopped him knocking every 5 minutes to borrow stuff, result!

 

[zappy61]

The bottom line is it is a vehicle not a caravan or boat which cannot move without a towing vehicle. For instance, you could use the M/H as your main mode of transport, however this does not get you over the neighbour problem. Have you tried dialogue?

Graham

 

[teemyob]

Storage

Hello,

Have you considered storage; to keep the peace, and to to give yourself more space too?

We pay about £40 per month for secure parking, a few miles away.

There are other benefits too: the absence of a conspicuous MH that's usually there is a good indication you're away!

£40 a month x 12 = £480
£480 x ...............................

Rather a lot of money is that not?

Indeed the cheapest and nearest storage to me 1/2 a mile away is £22.25 a week. Next nearest, 3 miles away is £15 a week. + Fees if of £70 for 24 hour access That is £850 a year to store outside, not under cover.

We already pay nearly £2000.00 a year in council TAX. Why should I pay more for Storage?

At the moment I cannot get our newer, longer motorhome to our drive (it will fit on it, it is access that is being restricted). As I cannot get it on our drive but that also means that I cannot get it near the house because that will block other peoples drives.

As I cannot get it near the house, we cannot load it, wash it maintain it and so on.

 

[Briarose]

First of all welcome. It is a shame that you are experiencing such a problem before you have even taken delivery of your new acquisition.
Legally, if you are having your kerb lowered, you will need to involve the local council. The covenant is enforceable. A restrictive covenant placed on deeds, runs for the lifetime of the property and beyond. Even if the Builder has gone, the covenant is still enforceable. You could try and purchase a restrictive covenant insurance policy, however I am not sure if an insurance company would cover you, bearing in mind the intending/pending action by your neighbour. One significate point is, if you have a mortgage over your property, a breach in a restrictive covenant could seriously jeopardise your mortgage provider. However, having said that, a MH is not a permanent fixture, so worst case scenario is that you would have to move it. I would suggest that you take legal advice, or search the internet on "restrictive covenants".

Hi the thing is though 'who' enforces the covenant if the original builder isn't interested, and also as I and others have said a MH is a taxed vehicle etc on our tax disc the vehicle is a PLG..........I think a touring caravan would be a different issue ie as on our covenant a house on wheels, or that probably could also mean a normal caravan I guess not that we would get one of our drive though :wink:

My best friend lives just up the road from us and they altered their back garden to accomadate their MH, this did involve planning as they had to drop the kerb, but the council were very helpful and had no objection to the work that they did...............apparently a couple of neighbours complained after the work was done, but as she had done things properly there was nothing that they could do, the stupid thing was the MH can hardly be seen by them as it is behind a fence :roll: but then again this particular pair would complain if the sky was blue :roll:

As a matter of interest there was a recent topic on this
http://www.motorhomefacts.com/ftopic-66011-previous.html