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We think the neighbour at no 3 owns it as it is on their side but we are not sure. However we have a Title Plan highlighting the road and pathway to the gate in brown.
We are required to share
the costs of repairs to the “Common Drive, coloured brown on the Title Plan” are to be shared equally between the three properties.
If we do not have access and it is due to neighbours having or owning the gate, regardless of what is in the Title Deeds would I be correct in saying that we can disregard anything else i.e. covenants on land to state no fences to be built or sheds to be put up. However prop 1 now has a shed and a fence and has informed us that covenants have to be implemented by someone. Prop no. 3 have 2 sheds and a greenhouse. Unfortunately us in the middle can't have either. I am beginning to feel very bitter about the situation.
The previous occupier of our property had access for over 45 years and we access for 6 years.
I feel that we are now only going to be able to resolve this issue by obtaining an injunction. This issue has and continues to cost us a lot of money. It has upset the family for years and we are not happy about it.