How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nicola-mod Your Own Question

Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 11
Experience:  Moderator
73944119
Type Your Law Question Here...
Nicola-mod is online now

Our deeds have a restrictive covenant against us keeping a

Customer Question

Our deeds have a restrictive covenant against us keeping a caravan, this is over 20 years old. We contacted the builder who gave us written consent providing no complaints were made. None of the surrounding neighbours had objected when we spoke to them. After the caravan arrived the neighbour who lives opposite objected and demanded that it was moved. The builders have written and withdrawn their consent. Surely as the builders said to me when I first contacted them they only put this on so the houses would sell. Is there anyway that this could be removed due to it being really restricting and outdated.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : You do not need to worry. Only the person that has benefit of the covenant can make you remove the caravan. If this is the builder then only he can make you remove it. Bearing in mind you have a letter of consent from him then you do not need to worry. Your neighbour can not do anything as it is nothing to do with them.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-auev3upq- :

Hi

JACUSTOMER-auev3upq- :

We did have the consent but when the neighbour complained the builder revoked the consent with another letter.

JACUSTOMER-auev3upq- :

They have not asked us to remove so what is our position now?

Alex Watts : Just sit tight until the builder asks you. But if he gave consent then as long as it was not conditional then he can not revoke it,
Alex Watts : Does that help?
JACUSTOMER-auev3upq- :

as in previous email the condition set was that noone complained.

JACUSTOMER-auev3upq- :

they did complain

JACUSTOMER-auev3upq- :

we received a letter from the builders to say that they had no option but to with draw their consent

JACUSTOMER-auev3upq- :

so where do we stand now?

JACUSTOMER-auev3upq- :

as this was made over 20 years could it be said that this is unreasonable due to peoples ways of life change drastically in 20 years there fore should no longer be applicable

Alex Watts : When was the caravan put on the property please?
JACUSTOMER-auev3upq- :

approx in october of this year

Alex Watts :

Thank you. Its bad news then I am afraid.

Alex Watts :

The consent was conditional upon no complaints. Now there have been complaints then sadly now there has been a complaint then consent can be withdrawn.

Alex Watts :

But it is only the builder that can take action against you.

Alex Watts :

Can the builder take action - yes they can

Alex Watts :

This is because although the covenant is old, it can still be enforced.

Alex Watts :

This means that the builder could enforce it if he wanted to.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything about you today please?

JACUSTOMER-auev3upq- :

no thats fine thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below the Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions