News1 min ago
shared access drive
Is there anybody who could help with the wording of a restrictive covenant?
My parents are having problems with their neighbour parking in a shared access drive, they own their property and the neighbours are council tenants we are finding that the council or the police are fobbing us off. The neighbour is a unreasonable man who threatens and intimidates my parents when they ask him to move.
The covenant states.... the right of the transferees and their successors in title owners and occupiers for the time being of said dwellinghouse aforesaid and all persons authorised by him/them to pass and repass for all tenantly purposes with or without vehicles over and along the land coloured blue on the said plan and to park a private car or cars thereon EXCEPTING AND RESERVING a like right for the transfereror its successors in title owners and occupiers for the time being of the said dwellinghouse aforesaid to pass and repass over and along the land coloured brown on the said plan.
Its a contradiction in itself!
My parents are having problems with their neighbour parking in a shared access drive, they own their property and the neighbours are council tenants we are finding that the council or the police are fobbing us off. The neighbour is a unreasonable man who threatens and intimidates my parents when they ask him to move.
The covenant states.... the right of the transferees and their successors in title owners and occupiers for the time being of said dwellinghouse aforesaid and all persons authorised by him/them to pass and repass for all tenantly purposes with or without vehicles over and along the land coloured blue on the said plan and to park a private car or cars thereon EXCEPTING AND RESERVING a like right for the transfereror its successors in title owners and occupiers for the time being of the said dwellinghouse aforesaid to pass and repass over and along the land coloured brown on the said plan.
Its a contradiction in itself!
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You need to tie this wording back to the Title Plan for your property and that of the prat who keeps parking on the driveway.
Both properties will have hatching on both blue and brown on it, but it is the title plan of the prat you need to check.
If the tie up has been done correctly, the land hatched in blue will be the whole of the driveway (which for you will probably include an area of land that you don't own but which you have the right to pass/repass). The land hatched in brown on HIS plan (which almost certainly over-hatches part of the blue area) will be the area where he cannot part because it stops you getting past.
It isn't a contradiction at all. This is a civil matter; the police will fob you off but the council shouldn't because it is their tenant that is committing the civil offence and it is they (as proprietors of the Land Title) who are ultimately responsible for the breach by their tenant.
Both properties will have hatching on both blue and brown on it, but it is the title plan of the prat you need to check.
If the tie up has been done correctly, the land hatched in blue will be the whole of the driveway (which for you will probably include an area of land that you don't own but which you have the right to pass/repass). The land hatched in brown on HIS plan (which almost certainly over-hatches part of the blue area) will be the area where he cannot part because it stops you getting past.
It isn't a contradiction at all. This is a civil matter; the police will fob you off but the council shouldn't because it is their tenant that is committing the civil offence and it is they (as proprietors of the Land Title) who are ultimately responsible for the breach by their tenant.
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