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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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We have lived in a property years and have an access

Resolved Question:

We have lived in a property for 20 years and have an access covenant on the driveway and access road. A new development of 16 houses has been built and two of the residents park on our access. They are blocking emergency vehicle access. Do we have any recourse to ask them to park on their own drives and not on our access. They have also cut a hole in our hedgerow to gain access to their back fence.
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this. In order to do so I need some more information.
When you say an access covenant can you be a bit more specific, where is this right set out, how is it described. Is it in fact a right of way easement?
Customer: replied 1 year ago.
The document is a deed of covenance and was drawn up in 1959 which passes to all future owners of the property plus our two adjoining neighbours. It covers a straight line old farm lane to the main road on which the problem neighbours are parking. The deed clearly states that no one can park " any vehicle or vehicles or other incumbrances of any kind on any part of the said private roadway and footpath".
We suspect that the builders of the new development have not checked that this covenance exists.
Expert:  LondonlawyerJ replied 1 year ago.
Are you sure it is deed of covenance not a deed of covenant?
Customer: replied 1 year ago.
It is also referred to as a deed of grant.
Customer: replied 1 year ago.
It grants us "FULL right and Liberty."
Customer: replied 1 year ago.
I have sent two responses to your question. It is a covenant. The original
document is a Deed of grant giving three of us complete access rights.
Expert:  LondonlawyerJ replied 1 year ago.
I apologise for the delay. I have had trouble with my internet following a move.
It seems you have a restrictive covenant over the neighbouring land to prevent the parking of vehicles on your right of way (which is probably an easement rather than a covenant). It seems clear that you neighbours are breaching that covenant and have no right to do so. It might well be a good idea to bring this to the attention of the developer or to the people breaching the covenant.
However, although you have right on our side it may not be very straightforward or inexpensive to enforce the breach.
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