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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I have a problem with my next door neighbour in that she parks

Customer Question

I have a problem with my next door neighbour in that she parks her 25'L x 10'H motor caravan on her drive for long periods of time sometimes more than 3 weeks. The caravan usually arrives about 1 week before se goes away for a long weekend say Friday till Tuesday and on returning remains on the drive typically for 2 or 3 weeks before she moves it to the caravan storage site.
Her motor caravan is parked within 10' of my front window and almost totally obscures the outlook from where I sit in my living room. I have asked her if she can reduce the period it causes a nuisance to me and pointed out to her that the burdens in the deeds state that:- "no part of the estate shall be used for the parking of any caravan, trailer, boat or commercial vehicle"
However her response was that it was a motor home and was therefore exempt from this burden.
I have approached the factor for the estate and he has told me the same as the burden only said caravans. This seems a very narrow interpretation of the Burden especially as he said that I could not park a yacht on my drive as it was a boat. It seems that the tem caravan is interpreted to be very specific to a trailer caravan, but boat is being used in a generic way.
This does not seem to be in the spirit of the burdens especially when the log books for motor home describe them as Motor Caravans and the Legal Definition of a Caravan which was established in the "Caravan Sites and Control of Development Act 1960" Section 29 (1) defines a caravan as:
"...Any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether being towed, or transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted...."
Can you advise me on what options would be open to me to pursue this matter as the oppressive blocking of the view from my window is preventing me from enjoying my property to the full.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and can help you with this.
You are entirely correct here. A caravan includes a motor caravan and the factor is wrong to say otherwise.
So you have two legal arguments:
1. Breach of title conditions.
2. Common law nuisance.
Your remedy is to have your solicitor write a cease and desist letter. If that has no effect you can go to court and ask for an interdict preventing your neighbour from parking within the estate.
You would have to fund the action in the first instance but I would say that you have excellent prospects of success.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

As a follow up to your excellent response to my question with respect to my neighbour parking her motor home on her driveway in breach of the title Burdens for all residents on the housing estate, can you please give me some indication of the cost of getting my solicitor to send a cease and desist letter and also the likely costs for any subsequent court action for an interdict should that be required.

Also if the court action was successful, would it be possible to claim costs against my neighbour?

In the unlikely event of any such action being unsuccessful, could I be held liable for any costs incurred by her to defend the action?

Thanking your assistance in this matter,

David McGrattan

Expert:  JGM replied 2 years ago.
I have answered this under your new post.