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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have a static caravan on a caravan park and have been

Resolved Question:

I have a static caravan on a caravan park and have been there for at least three years in the static and before that over twenty years with a tourer permanently sited there.
I have never been asked in all that time to sign anything regarding any conditions to being on the site.
Now I am being asked to sign a form relating to certain conditions as regarding keeping the area around the van neat and tidy,(which it is anyway) and the groud rent to be paid two months in advance which is fine with me. But what gives me cause for concern is I am being asked, that if I sell the caravan I am not selling the pitch with it.
As it is a ten year old van I doubt that I would find a buyer and I assume I would have to remove it at my own expense. What is the legal situation on this matter and what is likely to happen if I refuse to sign?

Kind Regards,
Marion Cullimore.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you know the basis on which you are only being asked to sign this now please?

Not really, but I have heard that some people have been slow to pay their ground rent and also that some people have tried to sell their caravans and site.

Alex Watts : So you don't have any sort of lease for the land?

No, afraid not.

Alex Watts : Ok. Well it's a mixture of news.
Alex Watts : As you probably know you never own the land the van is on, it is always leased.
Alex Watts : You rent it which is confirmed by ground rent.
Alex Watts : If you don't sign it you can't be evicted unless you have breached any agreement or not paid.
Alex Watts : As you have no agreement you can't be evicted.
Alex Watts : You have protection under the mobile homes act, more recently modified by the 2013 act.
Alex Watts : The owner needs a court order to remove you.
Alex Watts : However when you sell you are not selling the pitch anyway.
Alex Watts : You are only leasing the pitch.
Alex Watts : If the agreement states you can assign the pitch then you are ok. But you can never sell it as it is not yours to sell.
Alex Watts : If the new agreement says you assign the rights to it, then you can sign it.
Alex Watts : If not then you should insist that it does.
Alex Watts : Can I clarify anything for you about this today please?

No more to be said I think, thank you for the advice.

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:
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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