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Restrictive Covenant - query

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  • Restrictive Covenant - query

    We own a semi, and through a Restrictive Covenant we have rights of 'foot and carriage' access to our neighbours shared drive and across the front of their property & onto ours.
    The covenants affect 2 pairs of semis, and I guess they were put in place to allow access to the front of all 4 homes from the road down what was originally the only 'carriage' access. All 4 homes are responsible for maintaining the "shared drive"; although only the 2 properties [those adjacent to the drive] use the drive [they share it and park their 5 cars there]. We have our own driveway and parking facilities to the other-side of our property as does the property on the opposite far side.

    At the front of the properties the "other pair of semis" have fitted a gate in their joining fence to allow pedestrian access but our neighbour has just built a stone wall between our 2 properties...
    We have never used our rights of access to the shared drive or across the front of next door’s home, but as they have built a solid boundary to completely cut off our access perhaps the time has come to formally remove our quarter-liability to maintain the shared drive.

    Can anyone offer advice on how we should proceed? The Restrictive Covenant was put in place decades ago.
    Thanks

  • #2
    I bet your neighbour has a problem if he wants to sell and his 'solid boundary' assume it is a wall, may just have to be demolished. I would be a bit annoyed - did they make you aware of the fact they were going to build a wall? I would not contribute to something that restricted my legal access. Hope the shared drive is in a good state of repair. Have the other neighbours had anything to say or have they just accepted it?
    Pinoso Property Property Murcia

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    • #3
      I would definatley seek legal advice in this instance, even though you may not be bothered that he has blocked the Right of Way permanently the next owner of your property may well be and this could result in him having to remove his wall, or circumstances may change in which you need to use that Right of Way, if you leave it too long he may gain the right to have the Right of Way blocked.

      Equally if you are happy to give up the Right of Way then you definatley don't want to be paying for the repair of the road. It would be interesting to know what the other neighbours opinions are, were they consulted?
      http://www.barristerchambers.co.uk

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