New Home Covenant for Shared Vehicular Access Dispute

humfer

Posted on here some months ago about a dispute with my neighbour over a shared vehicular access. Basically bought a new home 18 months ago, and we share a driveway with next door neighbour - part of which is deemed 'shared vehicular access' which means no one is allowed to park on their at any time. Basically he thinks its his so we have had all sorts of 'discussions' etc. Anyhow the homebuilder has agreed to take the issue up with him. They sent him a letter in May and after a couple of weeks of him behaving himself he started playing up. Spoke to a solicitor who advised to monitor his movements and then take up again with the house builder. Did so and a couple of weeks ago they sent another letter with the crystal clear words "you must ensure you abide by the requirements of the covenents and ensurethat shared vehicular access remains clear at all times". They have told me that if he continues to play up, then they will go through their legal department.

After that long worded paragraph, just wondering if someone could confirm the real use/benefit of covenants and who's responsibility it is to sort things out. I bought my house from new, and my solicitor tells me its for the builder to sort out (i.e. I would take it up with the builder and not the neighbour direct if you see what I mean). Is this true? Ultimately what can they do if he continues to ignore the covenants? Any help greately appreciated. Found a couple of links below which describe what the covenant actually do, but just after a bit more info on what goes on when one party ignores them

http://www.rightchoiceestates.co.uk/a-z/covenants.html

http://www.newhomeguide.com/new-home-services-guide/buying-a-home/before-you-buy/what-are-covenants.html

roger196

Depends how far you want to fall out with him. You could try posting a notice on your half of the shared drive stating that there is a parking fee of £25 per day. Then issue a claim for this amount through the small claims court. If you look at the parking thread these notices are of dubious legal value, but might bring him to his senses. Otherwise ask your solicitor to obtain an injunction from parking on your land. All could get very expensive and nasty. Is there a local authority arbitration service?

Soot2006

Or could pretend you're a dreadful driver and smash into his car trying to "squeeze past" *IS GRUMPY AT PEOPLE TODAY* .... Ok so you'd be trashing both your own car and your insurance premium, but that's probably cheaper and a lot more satisfying that going the legal way ....

trumpton

I can't really help, other than to say that you are quite right to get this sorted out now.

A relative lives in a cul-de-sac of newish houses and at first people kept to the covenants. As times goes on the more grotty neighbours have started ignoring them and the builders don't want to know. Small stuff doesn't matter, but things like blocking right of ways and people running businesses from home can be very intrusive.

Richard_Webster

Obviously if you can get the builder to deal with it then that will save you money, but if they won't pursue the thing to court, then you will have to face up to it - if he is not allowed to park on your land but can only use it for access then ultimately you could get an injunction to stop this but at the cost of a lot of stress and cost. Neighbour disputes are always like this, and best avoided if possible.

humfer

Richard_Webster wrote: »

Obviously if you can get the builder to deal with it then that will save you money, but if they won't pursue the thing to court, then you will have to face up to it - if he is not allowed to park on your land but can only use it for access then ultimately you could get an injunction to stop this but at the cost of a lot of stress and cost. Neighbour disputes are always like this, and best avoided if possible.

Thanks for the reply Richard. So far the house builder seems to be acting as I wish and has told me that should my neighbour continue to be a pain they will then get their legal department involved. I'm just worried that should it reach that point they will then turn round and say its down to me to go through my own solicitor. I have heard a number of people with different opinions, even as far as saying that if the neighbour continues not to adhere to the covenant they I would take legal action against the hosue builder. Not sure about that. Generally how do these things normally play out?

Richard_Webster

Thanks for the reply Richard. So far the house builder seems to be acting as I wish and has told me that should my neighbour continue to be a pain they will then get their legal department involved. I'm just worried that should it reach that point they will then turn round and say its down to me to go through my own solicitor. I have heard a number of people with different opinions, even as far as saying that if the neighbour continues not to adhere to the covenant they I would take legal action against the hosue builder. Not sure about that. Generally how do these things normally play out?

If friendly persuasion doesn't work - and you do need to be diplomatic - may be he is thick and really does think he owns the driveway - then if the builder won't go to court then you may have to do so. Best avoided if possible because of all the cost, hassle stress and bad feeling.

Usually nobody really wins because of the emotional drain involved - going to court doesn't mean a magic fairy appears and magically makes the neighbour behave - you will get resentment and you may find your car tyres slashed and other "mysterious" things will happen that you will not be able to prove were done by the neighbour.