Who has rights and can enforce a covenant?

jonny90

I bought a property 'A' that includes a small back yard. It includes a covenant from the 1970's that allows me to park on land belonging to property 'B'. Various other requirements on costs of upkeep of respective land (shared) and requirement to keep land clear etc.

Property 'B' next door also had the right to drive over my land and park in the area owned by 'B'. Property 'B' also owned an outbuilding 'C'.

Owner of Property 'B' sold the building 'B' and retained the land and outbuilding 'C'.

Land 'A' and 'B' is registered. 'C' is unregistered. The covenants appear on 'B' details but I suggest they are only enforceable by 'C' as they own the land that benefits from the covenant.

I hope you are still with me!!!!

Now:
1. Owner 'C' has extended the outbuilding into the land that should be kept clear. I think that is in breach.

2. Owner 'C' parks on the land. I think this is permitted as he retained the land to which the covenant belongs.

3. I park on the land. I think this is permitted. I don't think anyone disagrees.

4. New owner of 'B' also parks on the land. I think he has no such right as the right belonged to the land - which was retained by 'C'.

5. My predecessor owner of 'A' has placed a small outbuilding (shed size) on my land under a fire escape. Technically land that should be kept clear but does not impact at all on the ability of anyone to manoeuvre or use parking etc. Possibly a technical breach but would the courts be interested? Owner of 'B' is suggesting it should be removed. Not sure if they are getting retaliation in first! If that outbuilding had to be demolished it would not be the end of the world.

any comments or advice please?
Obviously keen to avoid litigation but as a start i need to be sure of my ground and so let me know if more clarification is needed. Sorry if its a bit confusing!

There is actually room to park 3 cars if everyone was sensible but i want to try and establish my legal position before opening discussion.

thanks for your time!

moneyistooshorttomention

My head hurts trying to picture this. Is it possible to make it clearer at all?

What I'm wondering is where this land formerly owned by B and still used by B to park on is? Is it garden land of house B or some separate bit of land that isn't obviously attached to house B and then it will be possible to see a bit better whats what at a practical level (ie everyday usage level).

jonny90

it makes my head hurt too!!!

Properties A & B are attached to each other with A as end of terrace and side access.

as you enter land A you have building A to the right and outbuilding C to the left.

Passing over land A onto land B and parking you then have building B to your right and the extended outbuilding C to the left.

I don't think its relevant.... but outbuilding C was extended without planning or building regs and is now used as a one bed unit. Planners and building control are not interested due to elapse of time.

Building B has been left with no garden.