# Solicitor



## J306TD (May 19, 2008)

Do we have any solicitors on here.

Need to ask a question about a house issue

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## Arvi (Apr 11, 2007)

Hi, I'm a residential property solicitor. Hope I can help?


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## J306TD (May 19, 2008)

Hi Arvi 

Thanks for the reply. 

Managed to sort it ourselves was a panic over the weekend that a clause was missing from our deeds and land registry. But found it under a different section 

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## idrobbo (Mar 14, 2018)

Arvi said:


> Hi, I'm a residential property solicitor. Hope I can help?


Arvi, would you mind pointing me in the right direction please. A neighbour has parked a caravan on his drive at the front of his house. I know my deeds have a clause preventing this, how can I find out if the same applies to him? Is the local Parish Council the way to go?

Any help appreciated.

Ian


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## garage_dweller (Apr 10, 2018)

Our estate is the same, no caravans, no works vans, etc. I think you’ll find the clause isn’t worth the paper it’s written on. 

I have a neighbour with a caravan, another with a works van, doesn’t bother me in the slightest, nor any of the other neighbours. In no way trying to offend you but why would you feel the need to complain about it?


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## Marve (Jul 5, 2013)

If idrobbo lives somewhere where caravans are not allowed to be parked on driveways and he has a neighbour who is parking one on his driveway, then he is entitled to be annoyed about it. 

You don't know the layout of his house, it maybe that a caravan on his neighbours driveway blocks light into his living room, it maybe that it affects the otherwise scenic view when he is sitting in his easy chair relaxing with a ice cold diet coke of an evening. Or it may just annoy him to know someone is getting away with something that is against the rules they all signed up to. 

Ultimately it is up to him what he gets annoyed about, not you. If he wants to take action on it, good on him for finding out the best way to approach this.


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## idrobbo (Mar 14, 2018)

Thanks guys, appreciate your thoughts. I’m not the only 1 affected, 2 other neighbours are looking directly out onto this (imo) ugly caravan (it’s not a conventional design). We are trying to get him to act reasonably, since getting it he has caused a few access problems for us all, we would prefer him to create a space down the side of his property, even though that would be against the clauses in my deeds. Would rather resolve it amicably, but always good to know what options there are. I am well aware that such clauses may not be enforceable, which is why I’m trying to find out who best to talk to.


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## Andy1972 (Jan 12, 2014)

You have two potential avenues to look at.

1)	The deeds. While you have a covenant in your deeds preventing it, (usually accomplied by not allowing you to keep livestock etc etc) the only people that can enforce a breach of the covenant is the covenant owner, ie the original housebuilder. Depending on age of property they may well be long gone by now. Even if they arent, for eg Persimmon, barrats etc etc then getting them to act on it is a waste of time as it will cost them money. The only time they would pursue it is if they are still selling houses on the estate and it is ruining the streetscene and potential purchases.
2)	If option 1 isnt viable then you can look at the planning permission. Again, really needs to be recent (less than 10 years as policies change). If the approval was granted with a condition forbidding this, (and usually things like no hedges to front over 600mm etc etc) then they would be in breach of the planning approval and the enforcement team would be much more likely to take action as that’s all they do… 
3)	If none of the above then the last option is environmental health. If its blocking light, if its being used a living accommodation for someone etc then these will be investigated by the authority. If its just ‘unsightly’ then im afraid its tough luck. We have some people parking their work vans in our street (not outside their own house but further down the road near my house!!!) and theres nothing we can do.


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## Arvi (Apr 11, 2007)

If you live on a development where it appears the houses were built at the same time, then it is likely your neighbours deeds have a similar covenant to yours.

As to enforcing them, that can be a difficult and costly matter depending on who imposed them and when. If its a national developer and property is sub 10 years old then you may get the developer to act on it for you, else you'll need to do so at your cost. You'll need to outweigh the inconvenience it causes you against chances of success if it went to court in the extreme eventuality. Speak to a solicitor who deals with these disputes for advice and a look over your deeds.

Hope it works out, neighbours can make or break your enjoyment of your house and it is frustrating that people don't adhere to what they sign up to - or they simply forget and what covenants affect their property over time.


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## pxr5 (Feb 13, 2012)

We have a no caravan clause on our estate too. And it seems to work as well, but no idea who enforces it. But I do know that we also have a clause that does not allow structures at the front of a garden, like a fence or wall. I know of 2 incidents where someone tried to build a wall and the end of there front gardens and in both cases a nosey neighbour shopped them to the council. In one case the wall was half buit and already a foot high - The whole lot had to be brought down.


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## garage_dweller (Apr 10, 2018)

Marve said:


> If idrobbo lives somewhere where caravans are not allowed to be parked on driveways and he has a neighbour who is parking one on his driveway, then he is entitled to be annoyed about it.
> 
> You don't know the layout of his house, it maybe that a caravan on his neighbours driveway blocks light into his living room, it maybe that it affects the otherwise scenic view when he is sitting in his easy chair relaxing with a ice cold diet coke of an evening. Or it may just annoy him to know someone is getting away with something that is against the rules they all signed up to.
> 
> Ultimately it is up to him what he gets annoyed about, not you. If he wants to take action on it, good on him for finding out the best way to approach this.


I didn't say he shouldn't be annoyed, I asked why, and idrobbo gave his reasons. Not sure why you've decided to take umbrage on behalf idrobbo but there you go.


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## idrobbo (Mar 14, 2018)

Thanks again for your input everyone. Our estate was built late 70s by different small developers, so there will be differences in deeds. The general consensus is as I thought, even if there are restrictions trying to get them adhered to may not be practical. I and my neighbours will continue to try to get an amicable solution to this.


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## Marve (Jul 5, 2013)

garage_dweller said:


> I didn't say he shouldn't be annoyed, I asked why, and idrobbo gave his reasons. Not sure why you've decided to take umbrage on behalf idrobbo but there you go.


It's an open forum, if you only wanted idrobbo to respond to your post you should have sent him a PM. As you've written it on an open forum, I will decide what I take umbrage to, not you.


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## garage_dweller (Apr 10, 2018)

You're a fiesty one  You seem to keep misreading my posts, I said '*not sure why*', I didn't say you shouldn't take umbrage. 'why' and 'don't are not the same.

That's the last I'll say on it.


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## idrobbo (Mar 14, 2018)

Update on my issue, the neighbour has built a stand at the side of his house and planted some bushes. Not ideal but once they are grown may be better visually. He's still not spoken to me or my immediate neighbour, but has told one of the others what he's doing.


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