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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
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
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
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
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