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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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What constitutes a commercial vehicle? A clause in

Resolved Question:

Hi
What constitutes a commercial vehicle?
A clause in my deeds states - 'Not to park or cause or suffer or permit to be parked any commercial vehicle caravan mobile home camper van or boat'
I have a Nissan NV200
Many thanks
Eileen Kelly
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
hi i will try and help
Customer: replied 2 years ago.

Do you require any further information?

Expert:  Matt Jones replied 2 years ago.
Hi sorry for the delay
Expert:  Matt Jones replied 2 years ago.
what do you use the Nissan for?
Customer: replied 2 years ago.

I am an electrical engineer and use it to transport equipment and parts, I am a maintenance engineer and travel from home to various sites for my employer, I spend the majority of my time at work on the road to various sites.

Expert:  Matt Jones replied 2 years ago.
The clause doesn't stipulate where you shouldn't park these vehicles. Does it state this?
Expert:  Matt Jones replied 2 years ago.
To be clear, does the clause say they shouldn't be parked at the rear, or front, or other area?
Customer: replied 2 years ago.

The clause states -..camper van or boat on the property between any building on the property and the estate road

Expert:  Matt Jones replied 2 years ago.
and is this where you park it?Few other questions:-1) when did you buy the property?2) Do you know who has the benefit of the covenant and who can enforce it?3) are there any other people on your estate who park vans, etc on their property?
Customer: replied 2 years ago.

I park on my double drive, as far from the problem neighbour as I can

Bought the property in Dec 14

Persimmon Homes

Yes, a lot of other vans parked on drives on estate.

Expert:  Matt Jones replied 2 years ago.
so what is the issue with your neighbour?
Customer: replied 2 years ago.

Neighbour is claiming that I am not allowed to park Nissan on my drive, re clause 9

Stating that it is a commercial vehicle and cannot be parked on the property - my drive

Expert:  Matt Jones replied 2 years ago.
I see. Well the first question is that as the van is for commercial use it is probably in the category of "commercial vehicle". I am not sure the make of vehicle is the important point in the covenants. However the question of enforcement is another issue. Is your property Freehold or leasehold? and were the covenants entered into in Dec 2014 when you purchased or earlier than this?
Customer: replied 2 years ago.

Property is Freehold

Dec 14 - when I purchased property

Expert:  Matt Jones replied 2 years ago.
Do you know if anyone else has had any complaints put there way or enforcement letters from Persimmon?
Customer: replied 2 years ago.

Not that I am aware of

Expert:  Matt Jones replied 2 years ago.
Thanks. Well the issue of enforcement is s lightly tricky issue. Often what happens is that these type of covenants are put on and then over the years occupants slowly ignore them and either park vans, or build extensions (depending on the covenants) and nobody bothers about it so any risk can be covered by insurance. The issue with you is that these covenants are very new and so Persimmon have the right to enforce (and possibly other occupants of the estate depending on the construction and wording of the Deed) and so may indeed do so. However they would have to enforce these covenants against all of the other owners who are breaching the covenants. I think the best you can do is to continue parking there until you get a letter and simply hope that you don't!
Customer: replied 2 years ago.

ok thank you

Expert:  Matt Jones replied 2 years ago.
No problem. I hope this helps. Do ask any follow up questions. If you are happy then please leave positive feedback so I can be paid for my time. The question wont close and if you think of any questions later down the line you can come back to the question and post again
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