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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 4267
Experience:  Two years conveyancing experience.
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I have 2 title deeds but 1 has a restrictive convenant on

Customer Question

I have 2 title deeds but 1 has a restrictive convenant on that doesn't exist on the actual title it's on
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have erected a fence on what is my land, under a title with no convenant, but I have been shown paperwork which says it has a convenant to be used for parking etc as it formed part of a roadway originally, but the roadway is still 18ft right of way access
JA: Where is the land located?
Customer: Fotherby, Louth, Lincolnshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm going to erect a fence, I just don't want hassle when I have done it from the original purchaser back in 1984 when the original convenant was made back then between the vendor and purchaser
Submitted: 19 days ago.
Category: Property Law
Customer: replied 19 days ago.
I purchased a piece of land in December of which there is a right of way road along the side of it. The roadway is 18ft wide at the start which widens to 33ft at the end of it on land but I want to erect a fence along the 18ft right of way to gain a seperate access to my fenced plot. However my neighbour of my land has produced a convenant document to me showing his convenant in place but I have never known anything about this... I have contacted my solicitor who has looked through all my information and he says the document I have been given from a neighbour who produced a convenant between the vendor and himself the purchaser back in 1984 gives him right of way along the road and to also park vehicles on the roadway as long as no access denied if parked on the roadway, however the roadway widens to 33ft at the end, and I want to use that as my driveway by fencing it off. My solicitor has told me that the above convenant isn't registered on my title like it should be, it's on another one I own which is the private lane, which leads to the seperate title in question. My solicitor has told me to carry on as normal. Is that a definite please, as I'm worried that it has been hidden from my title as its an old convenant?
Customer: replied 19 days ago.
Just to confirm to you that the right of way access is over my land, at one side of it.
Expert:  Virtual-mod replied 19 days ago.
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Expert:  Alex J. replied 16 days ago.

Hello,  thank you for your question and welcome. My name is ***** ***** I would be grateful to assist you.  Do you know the identity of the person that can enforce the covenant? Is it your neighbour or someone named in the Title? I look forward to hearing from you. Kind regards AJ

Customer: replied 16 days ago.
It's my neighbour who has a deed of conveyance with the previous owner who gave him a right of way over his retained land which I now own. I don't have a problem with the right of way access as other people have the right to use it for there properties down the roadway but the neighbour also has the right to park on it too, but I want to put a driveway in over part of the right of way as its very wide right of way?
Expert:  Alex J. replied 15 days ago.

Hello,  Thank you for the further information.  With any restrictive covenant you have three options:

(i) Ignore it;

(ii) Ask for permission to breach it from the covenant holder or person entitled to enforce it;

(iii) Obtain restrictive covenant insurance.

Considering this - have you ask the neighbour who can enforce it - for permission to do as requested?  Would they still have their right of way?

I do hope this has been useful so far.

KInd regards AJ

Expert:  Alex J. replied 13 days ago.

Hello,  I do hope this has been useful so far - can I assist you any further or can you provide any further details?  Kind regards AJ

Customer: replied 13 days ago.
Hi. Well I have been doing some thorough research myself and the part of roadway in question that I want to put a driveway with a fence dividing is actually the part of the roadway that the dominant has the right to park his vehicles on on the convenant dated 1984, however I have researched that parking laws on burdened land have changed alot since then? And apparently if the parking on said piece of land cannot be an easement if myself, the owner of the burdened land has no reasonable use for my land. Is this correct please?
Expert:  Alex J. replied 13 days ago.

Hi Thank you.  Would you be able to send me the exact wording of the restriction? Would your neighbour still be able to use their right of way if you breached the restriction?  Kind regards AJ

Customer: replied 13 days ago.
That's the thing, the word restriction is not mentioned anywhere. It's just he has the right of way on the private lane, and also to park vehicles as long as there is no interference with the passage of vehicles. The parking is part of the roadway but I have read that there is no easement allowed for parking on burdened land if myself, the landowner would have no reasonable use of land. All the private roadway is on my land so I'm burdened by it all. I don't mind about he right of way use, it's just the extra part he has the use of for parking which ses unreasonable to me??
Customer: replied 13 days ago.
Seems an unreasonable use to me as I cannot use that part for nothing else, hence why I'm turning that part into my private driveway to my sectioned off land internally
Expert:  Alex J. replied 12 days ago.

Hello,  Thank you for the further information.  Are you able to provide me a copy of the easement or is it an easement of necessity?  Does the other owner actually use the car parking space?  If you fenced off part of land - would he still have parking access?  Kind regards AJ