Basically we just converted a part of the garden into parking area

We have a covenant on the house saying we are not allowed to keep a caravan at the property however that's what we intend to do

Out of 200 houses all with the same covenants we be approximately the 30th to do this

I also emailed the builders of the house to see if the covenant could be removed they replied in the negative but added at the end of the email that "due to age of the estate we would not be enforcing this covenant"

I checked with the neighbours on both sides. One has no issues as it's nowhere near his house (both our drive's between) and the other side said he only rents and doesn't care - which to be honest is his reply to every question.

The only sticking point is the house across the road who complain at everything we do on principles... I know they can take court action to enforce the covenant but I don't really see any grounds for them to claim loss?

I'm just a worrier really so how badly can people see this going

Only the landlord can take you to court for breach of the covenant.

The neighbours can only complain.

You have been told in writing that the covenant is not enforced and many of your neighbours have caravans in their drive.

Go ahead and park your caravan: you have been nice enough to let your immediate neighbours know, so don't worry about anything else.

I looked into this as my car is parked in a shared area that has a covenant on it which is being breached by neighbours parking obstructively.

The covenants will state who can enforce them. On my estate anyone who owned the original land comprising the estate (the builder) and any subsequent buyers of parts of the land (the home owners) can enforce covenants. In my deeds the land comprising the original estate is referred to as TP1 (TP and TR are common I believe). But yours may be different.

So it may be that your neighbours could object. But to do so it would be costly and time-consuming, so there would be little point in doing so unless your caravan was an issue to them (e.g. blocking their light or unsightly).

As an aside, builders are stupid and lazy in enforcing things by covenant that they don't care about once they've sold the estate. e.g. they don't want people to make the estate "unsightly" while they are building it and selling houses(e.g. with satellite dishes, modifications to garden walls and for sale signs), but they could enforce rules with a time limited contract. By putting it in the covenant it is there forever more and will require future generations of solicitors to worry about long after personal cars have been replaced by automated uber-taxis.

the original landowner, the council and even neighbours can enforce a covenant but if you then decide to park your caravan anyway yur neighbour can only sue for damages ( they could apply for an injunction but that would cost them) So, what loss can be caused to your neighbor when you follow the lead of others and park a caravn? If it is decided that a loss exists it will be shared between all of the houses covered by the covenant so a very small amout indeed. Now the original developer say they arent going to enforce and you have this in writing.Your neighbour may well want to complain but that complaint will be ignored and his alternative of an injunction will cost him a fortune should it be decided that it isnt something that is an immediate threat to his lifestyle.

In short expect him to write to the council and the council to do nothing and if they do ask you to explain you can tell them about the letter you have and let them know that as far as you are cioncered that is that unless the council has a planning issue

Only the landlord can take you to court for breach of the covenant.

The neighbours can only complain.

That would be wrong, you can't be so sure.

It would depend on the wording of the covenant (which we haven't seen), and if it was personal to the original landlord, or if it were 'annexed to the land'.

You MIGHT be right, but if the benefit was annexed to a piece of land, the benefit of the covenant could pass to a later purchaser of the freehold of PART (or all) of that ascertainable land, such as a neighbour buying their property freehold.

http://www.lexology.com/library/detail.aspx?g=8177a77d-34d7-44a4-abd6-104ea7408c6a

thanks guys

so far looks like nothing too much to worry about. i suppose i could always remind that certain neighbor that the other covenant on the area is no home businesses and ask how their hairdressing is going