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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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my neighbour is parking a commercial vehicle, out side her

Customer Question

my neighbour is parking a commercial vehicle, out side her property and her deeds state no commercial vehicle what so ever, may be parked. (only for work being carried out)
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.
Hello. Can you explain a little more? Are you concerned that this is a breach of covenant? Do you want to prevent this?
Customer: replied 4 years ago.

we have a shared access and we went to court as my neighbour wanted the right of way taken off our deeds we negotiated a Tomlin order in which they have the right to block the shared access at night. on the Tomlin order they insisted that we don't use commercial vehicle on the access although there deeds state they cannot park commercial vehicle out side the house not even in their private drive they are now doing this i don't know the legal words to this but what can we do to stop her from parking commercial vehicle out side her private house as her deeds say


 

Expert:  wingrovebuyer replied 4 years ago.
Thanks. The simple answer is yes, if your property benefits from the covenant, and it sounds like it does. If this wasn't covered in the Tomlin order, you can sue for the breach of covenant to be rectified, ie by her not parking a commercial vehicle outside her house. You need to know that the covenant benefits your property though. Is it a housing estate?
Customer: replied 4 years ago.

I would like to put feed back on for you but don't see how can you assist.


 


I don't live on a housing estate I live on a main road and the houses are private

Expert:  wingrovebuyer replied 4 years ago.
Thanks. Are you sure that the covenant benefits your property?

I haven't given an answer yet, just info requests, so you couldn't rate. I have made this reply an answer, so the option to rate should now be available. If you rate, our chat can still continue free.