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Parents tempory stay in caravan whilst doing barn conversion

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patihan | 10:30 Tue 12th Feb 2008 | Law
3 Answers
Hi All,

My parents are currently residing in a "touring" caravan parked on their own land which has been in the family for several generations and has been farmed previously.
It looks as if the planning permission for the barn conversion will be ok, the problem is that now, local council enforcement officers are trying to force them to leave the land as they got turned down for permission to site the caravan there in the mean time because a local resident has appeared to have obejected (wether above board or not, but I dont think so!!!!) saying that it spoils the privacy of their house, my family actually originally SOLD them their house as it would have been ALL my family's land at the time, in other words, this land IS my family's history.
I personally as you can probably tell am livid. I know there are several options that I will be taking shortly, unless someone more sensible from here gives me some better advice!!! I am just about to resort to tactics that I wouldnt normally, totally within the law, but still a total pain in the neck for local inhabitants!!!
We also own the land that these residents have to use to GET to their houses! I understand that right of way over a long period means they can use it ( to my knowledge, please correct me if I am wrong), Can I put a toll gate on this lane!!!?
As you can tell, I am desperate for a good answer on this matter, if I dont recieve any I will have to take my "alternative" course of action!!!!!

Thanks millions all :)
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Just because your parents sold the neighbours their house doesnt mean the neighbours now have to accept your parents only have a caravan to live in. Maybe your parents shouldve stayed in the house until barn was converted.

Is there no way the caravan can be hidden from view, behind the barn or something.

If the houses have right of way across the land then i personally think youd be very silly to restrict it. Even from just a safety point of view, access for emergancy services etc.
The caravan can be used for habitiation by virtue of 'permitted development' if the occupants are undertaking the conversion work themselves, but only during the actual undertaking of the conversion, and not before. If this is not the case then the enforcement officers are only doing their jobs. The planning officers will not have turned down the siting of the caravan just because of the objection, unless that objection had true planning merits.
Sorry-I know nothing about the law re. your 'toll gate suggestion!'. Parents could just fight any enforcement action, appeal etc-might buy them some time to stay...
The resident's 'right of way' over the lane, which I assume is a private lane, is an easement.It will either be one established by long use or, more likely, it is set out in the deeds or, now, Land Registry entry for their property and was created as a right to free access for them, by your family and the then buyers or developers as part of the sale . In neither case can you block it or start to charge them for exercising a right in law which they have.They'd rightly get an injunction to assert their right. If they did that any breach on your part could ultimately be enforced by a judge jailing you.




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