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Ask ivorylounge Your Own Question
Category: Law
Satisfied Customers: 33540
Experience:  Barrister at Self Employed Barrister
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My neighbour and i share an access drive to our properties

Customer Question

My neighbour and i share an access drive to our properties (freehold) The restrictive covenants in our deeds state the properties are for residential use only. He daily uses the shared drive to buy, sell and load, unload materials for his business that he keeps in his garage which is fitted out for this sole purpose with racks. The delivery and removal of materials occurs daily at different times from 6.30am - 10.30pm even when he is not there a key is left for whomever comes for them to access the garage. This is all visible from my living room and directly outside my bedroom window. It is distressing as he will not even consider the disruption to my visual amenity or sleep. I would like to take civil action to get him to stop and he should use a lock up like every other normal business would. This has been going on since 2010 and i have many photos and videos plus letters i have sent. Do you think i will have a case? he has also been undertaking DIY and has trades people in attendance daily and at weekends for the last 4 years, they also park on the drive and when i ask them to move their vans they become abusive.
Submitted: 2 years ago.
Category: Law
Expert:  ivorylounge replied 2 years ago.
The key is the wording of the deeds - you state that these are for residential use and he is on your view clearly using the access for commercial use. As such you state that he is in breach of the covenants and as such would seek to have the covenant properly enforced - from what you state you have a case - the risk is costs. To bring such a claim would probably costs about £2-4,000. If you succeed than you can seek to recover some of your costs against him; if you lose then he can seek to recover some of his costs against you. You would need to have evidence that he is acting in breach. You clearly have a case as he is clearly acting in breach of the clear covenant. I think that a court would be sympathetic as this is also a residential property -happy to discuss - please rate positive
Expert:  ivorylounge replied 2 years ago.
Happy to discuss - but please remember to rate positive - thanks