Hello Jo C.
Yes I did rate your answer as excellent service. I wondered if I can still ask a few more questions, to basically sum up everything you told me about the Covenant.
I don`t THINK she`s breached anything. I tried to get her deeds from LR. but they sent back my cheque saying the property was registered before 1993, and they have no records. But I find this strange - though I don`t know - my Parents house in Kent was registered in the 1950s?
So I cannot POSSIBLY ask her to see her deeds. But I HAVE asked the other Neighbours, who bought their property about 2005-7. Waiting for them to copy Covenants & Map for me, I ASSUME they`re identical to mine, as we`re in a block of 3 ; nos. 8,9,&10. THEN I can possibly see if she`s breached anything, as mine are currently at the Solicitors, thus ASSUMING her`s are the same as mine! I know they WERE put on by a DEVELOPMENT company, and am led to believe this Company dissolved long ago. Plus a couple who I have the NAMES & ADDRESS of. But this was all in Feb. 1985. As far as I know, they have long gone from this Address also, and OBVIOUSLY I don`t know if one/they are/is deceased.
So I am still pretty much in the dark about what to do next. The SOLICITOR has mentioned Indemnity Insurance. I don`t exactly understand what that does for me.
On one of your last answers, you mentioned that possibly [apart from the Development Company,] the people who put on restrictions would have needed to own the property which is now hers, for her to get the enforcement over me. Now I have a feeling that these couple I said in the last paragraph, COULD POSSIBLY have owned it, as it says on the COVENANT they`re `THE PURCHASER.` But that`s all. VAGUE I feel, the purchaser of WHAT EXACTLY? Then I wondered ; if people sell their land or property, get their money, and move, and never return, why are they worried about passing on restrictions, Covenants ,when it`s in someone else`s hands? Unless naturally , I`m probably missing something. She acquired it about 1985-6,she said, just after they were built about 1984. I wonder if this other couple had it first, and were in there for a VERY short time.
To sum it all up, I`m seriously wondering whether this Lady DOES in fact have enforcement, and whether it is a NEIGHBOUR COVENANT as you mention, or a private one to her? Not a mystery, but IMPOSSIBLE TO SEE HER PAPERS NOW, HOW CAN I FIND OUT? So the thing is: what steps do I need to take now, in order to achieve what I want to do? A local Solicitor knew ALL of this property History in a nutshell, felt it all nothing now, and mentioned I could get the erectors to do the job anyway, and chance it. The Solicitor I`m in touch with now for further help, mentioned the same, as did a friend of mine, and a builder I know. P.P doesn`t seem to apply for this; I checked online all the rules about Garages. But in all honesty, I`m dead wary about it, especially when I mentioned it to her a while back, to naturally let her know the situation, and she objected. and somewhat `scared me off`. But she didn`t object when I first moved there ! I fear her [without my legal proof,] putting me in deep trouble : Court, or big payouts. Maybe not her, but someone else putting up the money for her, despite a MINOR matter?
So ultimately, WHAT do I need to do now, as I want to get it sorted as quick, and simple as I can. Can I get it waived? I do remember when I spoke to her, she said she`d sooner I didn`t seek legal advice, and said you cannot build on the land,[which is obviously why I seek advice and help,] and that it`s a parking area and that it`s in B+W,Refering , no doubt, to HER Covenant.I have my space marked on the map though. IT WON`T block her entering/exiting. Nobody parks here about 98% of the time, in the visitors space, and then it`s tight, and they`d probably STILL have to move if she wanted to get out, WITHOUT a Garage anyway, and just my car there! IT could be locked up there , and me away a YEAR! This Garage would protrude about 20" - 24" extra. NOTHING ! Or I feel she just wants it HER WAY, and resents me doing anything. IF AND WHEN IT IS sorted, then could she take steps to open the Covenant back again - a feud - IF she DOES have benefit/enforcement over me, out of spite ? I really just want to know ; A Can it get sorted, B can I get the legal proof, C can she give me bad trouble if I do, D how can I POSSIBLY now find out, whether she has any benefit/enforcement power over me?
Sorry it`s SO long-winded.I REALLY NOW want to get this sorted and finished, so I can carry on - whatever way, with CONCRETE PROOF, so I have no worries.
Can you tell me what I need to do now please ?