merl
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Well, I've just found this, it's from another MH forum so I don't think I can post a link so I've copied and pasted it. Turns out there HAS been a court case where it was established by a high court judge that a MH is NOT a caravan.
Hi,
There was an old thread on here several years back regarding restrictive covenants and whether motorhomes would fall under the same restrictions as caravans.
The thread is: https://forums.outandaboutlive.co.u.../Restrictive-covenants-and-motor-homes/38826/
I have an update which people might find useful.
I have personally been fighting my own battle with the "directors" of the private estate I live on who assert that a motorhomes is essentially a "motorised caravan" and therefore under my covenant (written in 1923), which states caravans cannot be kept on my land, I cannot keep it. I have taken great exception to this as I keep my shiny motorhome completely hidden, unlived in and with the agreement of all adjacent neighbours - yet the estate find this to be in "breach" and are constantly threatening court action. This is stressful and unnecessary yet they will not engage in any discussion about it.
Those "for" the argument will often quote two sources to say they motorhomes and caravans are the same thing:
- The DVLA classification of the motorhome as a "motor caravan"
- The The Caravan Sites and Control of Development Act 1960 and The Caravans Sites Act 1968. These define a caravan as being: ‘any structure designed or adapted for human habitation that is capable of being moved from one place to another (whether being towed or by being transported on a motor vehicle so designed or adapted)”
HOWEVER:
I have recently discovered a high court / upper tribunal ruling on this matter, which now stands as case law.
Essentially, when the European Union asked the UK to remove VAT from caravans (so as not to penalise those who use them as permanent homes), a motorhome company called Oaktree Motorhomes Ltd took HMRC to court to recover VAT on the basis that motorhomes WERE caravans.
They lost.
They appealed.
They lost again in the higher court.
The ruling is long and complex, but the basic gist is that unless there are any special or technical definitions in a law or contract, the common ordinary meaning of the English term "caravan" shall prevail when assessing whether a motorhome is a caravan, and by that measure, they are not the same since a caravan is always reliant on external power to pull it (be it a horse, car or truck) whereas a motorhome is self propelled (Oxford English Dictionary).
The full ruling can be found at:
https://www.gov.uk/tax-and-chancery...for-hm-revenue-and-customs-2017-ukut-0027-tcc
So, if you do own a motorhome or campervan and your covenant does only say "caravans" and not refer to motorhome, campervan or home on wheels etc (usually this limited definition only happens in very old covenants), then a court looking to uphold the covenant against a motorhome or campervan would need to overturn this high court ruling.
This is EXTREMELY unlikely.
This is not to say you should store massive motorhomes that block light etc from your neighbours, and normal good code of conduct should apply, but I do feel it necessary to publish this to help those people who are keeping vehicles well hidden but are pursued by unreasonable neighbours or estate committees.
Hi,
There was an old thread on here several years back regarding restrictive covenants and whether motorhomes would fall under the same restrictions as caravans.
The thread is: https://forums.outandaboutlive.co.u.../Restrictive-covenants-and-motor-homes/38826/
I have an update which people might find useful.
I have personally been fighting my own battle with the "directors" of the private estate I live on who assert that a motorhomes is essentially a "motorised caravan" and therefore under my covenant (written in 1923), which states caravans cannot be kept on my land, I cannot keep it. I have taken great exception to this as I keep my shiny motorhome completely hidden, unlived in and with the agreement of all adjacent neighbours - yet the estate find this to be in "breach" and are constantly threatening court action. This is stressful and unnecessary yet they will not engage in any discussion about it.
Those "for" the argument will often quote two sources to say they motorhomes and caravans are the same thing:
- The DVLA classification of the motorhome as a "motor caravan"
- The The Caravan Sites and Control of Development Act 1960 and The Caravans Sites Act 1968. These define a caravan as being: ‘any structure designed or adapted for human habitation that is capable of being moved from one place to another (whether being towed or by being transported on a motor vehicle so designed or adapted)”
HOWEVER:
I have recently discovered a high court / upper tribunal ruling on this matter, which now stands as case law.
Essentially, when the European Union asked the UK to remove VAT from caravans (so as not to penalise those who use them as permanent homes), a motorhome company called Oaktree Motorhomes Ltd took HMRC to court to recover VAT on the basis that motorhomes WERE caravans.
They lost.
They appealed.
They lost again in the higher court.
The ruling is long and complex, but the basic gist is that unless there are any special or technical definitions in a law or contract, the common ordinary meaning of the English term "caravan" shall prevail when assessing whether a motorhome is a caravan, and by that measure, they are not the same since a caravan is always reliant on external power to pull it (be it a horse, car or truck) whereas a motorhome is self propelled (Oxford English Dictionary).
The full ruling can be found at:
https://www.gov.uk/tax-and-chancery...for-hm-revenue-and-customs-2017-ukut-0027-tcc
So, if you do own a motorhome or campervan and your covenant does only say "caravans" and not refer to motorhome, campervan or home on wheels etc (usually this limited definition only happens in very old covenants), then a court looking to uphold the covenant against a motorhome or campervan would need to overturn this high court ruling.
This is EXTREMELY unlikely.
This is not to say you should store massive motorhomes that block light etc from your neighbours, and normal good code of conduct should apply, but I do feel it necessary to publish this to help those people who are keeping vehicles well hidden but are pursued by unreasonable neighbours or estate committees.
