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Can a motorhome be parked on driveway with restricted covenant

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  • Can a motorhome be parked on driveway with restricted covenant

    The estate managers on our new build developments say our Motorhome can’t be parked on our drive way . However the covenant is quite vague its has two lines referring to parking

    1: park any vehicle caravan trailer or boat of any kind on the property so as to be visible from the estate or on any other part of the estate ( ( except the property ) except that
    2: a private motor car or light van ( which has a single axle and can be driven on a a standard motor car licence ) used solely for private purposes may be parked on the drive way forming party of the property or ( if applicable) on the parking spaces elsewhere on the estate designated for use by the transferred ( if any )

    so is a motor home under 3.5t classed as a light van in this interpretation or not it certainly taxed as light a light vehicle van class .
    under the license interpretation it would be seen to be permissible. It’s solely for private use it’s not a caravan or trailer and is drivable on standard car licence
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  • #2
    The first clause prohibits the parking of any vehicle so as to be visible etc then you get the exception for cars or light vans in the second clause.

    Now whilst the vehicle you are concerned about is classed for taxation purposes as a light van, it is in fact a motor home and comes under the catch all "any vehicle"..

    I think that unless you are very lucky a court would uphold the estate manager's view, (but you can be fairly sure others will disagree with me)

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    • #3
      HI DES8. the vague part is any light van for private purposes with single axle that can be driven with standard car licence , Ive seen clauses on other estates be very specific to Motor Homes but it def doesn't say that, I would argue that is in fact a light van for private use and built on a standard Ford Van and box chassis and by the definition given I could In fact park a much larger standard van than my motorhome which is way under 3t .

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      • #4
        I could see lawyers having a right old discussion over those clauses (that's how they make their money)

        I appreciate your interpretation, and I think you have an argument to be made.
        However I still think you might lose if it came to a court hearing, but that is only my opinion

        Comment


        • #5
          The vehicle tax category for vehicle excise duty does not automatically mean your vehicle is a light van for the purposes of your covenant. If it went to court it would be for a judge to decide what 'light van' means in the context of the covenant.

          You can argue your interpretation that you are not in breach and see what the estate managers do.

          I suppose it isn't possible to park it somewhere where it isn't visible?
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment

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