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Ask wingrovebuyer Your Own Question
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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I live in a 1980 development of 7 houses. I have lived here

Customer Question

I live in a 1980 development of 7 houses. I have lived here for 13 years and until recently there were no real problems. 2 of the properties have garages with their own private parking spaces, the other 5 each have a garage and there are supposed to be 5 parking spaces, but they are not allocated to any specific house - they are shown on the deed plans. In fact there are really only 4-and-a-bit spaces. This land is adopted public highway. There is a covenant on all the properties that there is no parking in front of the 5 garages, and another covenant against doing anything to annoy neighbours. Two residents, one a tenant, the other an owner-occupier, park wherever it suits them, mostly blocking the 5 garages. I am the only one who really uses her garage and in the recent past I have missed trains through obstructions, and been late for appointments. I have also not been able to put my car away when I wish. Requests to abide by agreements made when coming to live here in the first place are the red rag to the bull.

Please, what can be done?

What can I do?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. All you can really do is seek to enforce the covenants. This means highlighting them to the offenders and if they continue to ignore you, getting a solicitor to write to the offenders to say that if they persist in blocking your garage / breaching the covenants, you will be forced to get an injunction and seek costs against them. Unfortunately, you will upset them but clearly they won't listen to reason so you will have to up the ante. If they still offend the covenants, you will then have to get an injunction. The costs will likely be around £3,000-£5,000 but you might be able to get most of this back if the court orders costs in your favour.