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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17468
Experience:  Senior Associate Solicitor
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Can we fight someone from putting a massive static caravan

Customer Question

Can we fight someone from putting a massive static caravan in their garden in a estate where covenants specifically restrict this?
JA: Where are you? It matters because laws vary by location.
Customer: Didcot, Oxfordshire
JA: What steps have you taken so far?
Customer: we have spoken to planning office but they don’t require planning permission, spoken to Taylor wimpey who “owns” the estate, spoken to the Harwell parish council who are happy to provide letter of support if we go legal
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: neighbours next to us will be fighting this with us
Submitted: 16 days ago.
Category: Law
Expert:  JimLawyer replied 16 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.


Expert:  JimLawyer replied 16 days ago.

Sorry to hear of the issue.

Yes, there is an option and that would be to apply to the local county court for a civil injunction. This a court order requiring them to do something or refrain from pursuing a course of conduct. If they are in breach of the covenants then this triggers your right to a legal remedy being the injunction.

However, before you do this, send the neighbour a cease and desist letter to warn them of your intentions unless they confirm they will remove the caravan (and give them 14 days to confirm back and to allow them to seek legal advice).

A template “cease and desist” letter is available at this site : https://www.lawdepot.co.uk

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy. The judge will want to see that you have sent the cease and desist letter given an injunction is a last resort.

Assuming they ignore the letter then you will need to a) issue a claim under Part 8 of the Civil Procedure Rules and b) apply for an injunction.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and/or a prison term of up to 2 years.

The order will say they must stop their conduct with immediate effect. They are very effective given the consequences of breaching the terms of the injunction.

The cease and desist letter will hopefully work so you may not need to apply but if you then I recommend you ask a law firm to assist.

As you will appreciate from the above, the forms must be filled in correctly (we cannot do it for you nor can we give you legal advice - as we are not a law firm - we are an internet forum).

If your immediate neighbours are also in agreement then you could share the cost (which shouldn't be too high for this) - and if you win then the defendant would be liable to repay you.

Here are a few law firms who could help further with this :

1. https://www.duncanlewis.co.uk
2. https://www.brettwilson.co.uk
3. https://oliverfisher.co.uk


Expert:  JimLawyer replied 16 days ago.

I hope this helps

Expert:  JimLawyer replied 16 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Expert:  JimLawyer replied 16 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim



Customer: replied 16 days ago.
Perfect thanks for your help
Expert:  JimLawyer replied 16 days ago.

My pleasure, thanks