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New Neighbours New Problems!

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  • New Neighbours New Problems!

    Well the new recent neighbours and testing the boundaries!

    I have parked a car trailer occasionally on my drive for the past 8 years, we live at the end of a close which we have access rights over a sheared drive with next door
    the neighbours drive is 90 degrees of the shared drive about half way along its length, our drive starts at the end of the shared drive.

    The neighbour has now started to complain, when i reverse my van with the trailer attached (which is has been done for the past 8 years) the bumper over hangs the the red brick line deviding your drive and the shared drive. this does not obstruct the neighbours access at all the previous 3 neighbours never had an issue however the new neighbour is a total different breed of person!
    now the bumper is blocking their right to a view from a downstairs window ( across there front garden and across the sheared drive of the wooden fence panel the other side.

    Now also claim the the conavents in the deeds which states -

    Parking:

    3.1 Not to park any vehicle caravan trailer or boat of any kind on the Property or on any other part of the Development except that;-

    3.1.1 private motor cars maybe parked on the drive or parking space and the communal parking spaces within the property or in any garage forming part of the property.

    3.1.2 vehicles delivering or collecting goods may be parked temporarily.

    3.1.3 any vehicle caravan trailer or boat may be parked if (but only if) it can be suitably screened and can be placed that it is not obtrusive to the views of neighbours from
    the ground floor of their dwellings, and not in any event on the front garden as defined in paragraph 5.4 of this schedule.



    So the question is what does this mean -

    vehicle caravan trailer or boat of any kind ? I always read it as "A caravan or boat"

    The neighbours are claiming this statement means - vehicle, caravan, trailer or boat of any kind so hence I am no longer allowed to have a trailer at my home,,

    can anyone help answer or explain how you correctly interpret the description.


    Tags: None

  • #2
    The things that are permitted are listed in sub-paragraphs 1 to 3. A trailer is, in my opinion, a trailer.

    But what are these neighbours proposing to do?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      The words are the words. They mean just what they say.

      Comment


      • #4
        Words are words but when put - ‘vehicle caravan trailer” this isn’t clear interpretation

        does this refer to a “vehicle towed caravan” as there is no commas between words?

        the neighbours have implied it means “vehicle” “caravan” “trailer”
        which the difference means if I wish to park a trailer at the property it will either be fine and nothing can be done to prevent it or it has to be parked/screened from neighbours view all the time
        being a simple tidy flatbed trailer seems unnecessary

        Comment


        • #5
          Whilst agreeing with atticus and dslippy is it not possible that longshot has a point.

          Caravans are often referred to as "caravan trailers" (cf https://autoline24.uk/-/caravan-trailers--c382)

          Punctuation is an aid to assist revealing the meaning of the text, and if it is omitted the text should be clear.
          Perhaps the drafter of the covenant meant " any vehicle nor caravan nor trailer [n]or boat",
          Last edited by des8; 2nd January 2023, 12:01:PM. Reason: crossed with OP's latest post

          Comment


          • #6
            The first question which I didn’t earlier state!

            if a vehicle is parked on my property but the bumper over hangs on the shared driveway which I have access rights too cross and the vehicle doesn’t cause any obstruction with regards to the neighbours access to and from there driveway is this breaking any laws

            the land itself is shown within the outer edge of the neighbours boundary but is also referred to as a shared driveway group between the two properties

            Comment


            • #7
              in drafting of this kind, commas are rarely used. A sprinkling of "nor" would not add clarity.

              As to the new question, what is described may be trespass.
              Last edited by atticus; 2nd January 2023, 16:51:PM.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Punctuation is often not used in deeds ect however if it is the case we’re a document is taken as unpunctuated as like implied in this case does this then mean the whole document is not punctuated?

                this document in question does have areas which have punctuation full stops, commas, semicolon brackets ect on the same page so does this then mean this is a punctuated document and therefore vehicle caravan trailer is singularly one item description.

                Comment


                • #9
                  "this document in question does have areas which have punctuation full stops, commas, semicolon brackets ect on the same page so does this then mean this is a punctuated document and therefore vehicle caravan trailer is singularly one item description."

                  You have us there.

                  Comment


                  • #10
                    I can only comment on the words presented by the poster!
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      As the lone inhabitant of my island this phrase reads vehicle, caravan, trailer and is meant to be understood as such. Just my humble opinion of course. Many people put caravans into storage sites because their deeds do not allow them to be parked on their drives. My business involves caravans and I have never heard them called "caravan trailers" but just caravans...

                      Comment


                      • #12
                        Originally posted by islandgirl View Post
                        As the lone inhabitant of my island this phrase reads vehicle, caravan, trailer and is meant to be understood as such. Just my humble opinion of course. Many people put caravans into storage sites because their deeds do not allow them to be parked on their drives. My business involves caravans and I have never heard them called "caravan trailers" but just caravans...
                        Now I've always differentiated between "caravan static" and "caravan trailer"

                        Comment


                        • #13
                          You are forgiven. The differentiation is usually tourer or static never trailer! The Romany community call them trailers I believe but this does not usually apply to leisure caravans in my experience.

                          Comment


                          • #14
                            I obviously mix with the wrong crowd!...trailer trash???????????

                            Comment


                            • #15
                              And you have a sticky ? key.
                              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                              Comment

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