Shared drive restrictive covenants and parking problems

Jeepers_Creepers

Sorry, Nicos, I hadn't realised you'd posted updates.

Well done for involving your LP - that is the right thing to do.

I have described what these people are like, and everything you've said since confirms it; You approached him in a reasonable manner, and he simply tried to fob you off with "It's mine..." When his son behaved in an ignorant and unpleasant manner to you (you know where he got that from), did his dad say or do anything? I suspect not. And, finally, when the guy thought about the situation afterwards, he realised he'd probably shot himself in the foot, so then tried to get you back on side by being 'reasonable' to you.

Be absolutely clear of one thing, Nicos - this guy does not care about anything except himself and what's best for him. He really does not. He cares not a jot about you - you are only something for him to try and manipulate to his end.

If he comes across as 'reasonable', it's only an act. He is utterly phony. Dishonest. Manipulative. Devious.

I hope that's clear?

He will always try and take advantage, he will always try and control. If you don't tackle him, you will always be stressed out by what he might do next.

Thankfully you have taken the first steps to draw a line he must not cross.

See what LP decides about the boundaries. If they can't make head nor tail of it, then they may need to employ a land surveyor. This will determine the true boundaries, and I'm expecting this will be with pretty good accuracy - the deeds map doesn't look that old?

Do NOT compromise on anything. Once you get a survey map showing the correct boundaries, armed with this and the terms of the deeds, you tell the neighbour nicely but firmly what he is and isn't allowed to do. If he infringes this, take photographic evidence and get straight on to LP again; he needs to KNOW the game is up.

Any threats, swearing shouting, you call your local PCSO - seriously, you do. Again, it's all about making this new line clear. If you don't, if you tell yourself "That wasn't too bad - I'll see if he stops...", then he won't stop. It's also important because the police will now be 'aware' of this case, and the neighb will also know he'll have to start behaving - he is not going to be allowed off with anything.

AND, do this - whoever the land to his side belongs to - the council most likely? - call them up and report it. They HATE this, and will almost certainly act right away (there's another thread on here where the council acted immediately and firmly on an identical issue.)

This guy needs to understand he's messed up, and has lost what he's been trying to manipulate off others. He's BLOWN it, and that needs to be clear. He mustn't be allowed to back-track to a compromise where he has still 'gained' something - it all needs restoring back to how it should be. It is the ONLY way he will learn a lesson.

Aaaand - relax. Really, try not to be stressed. Here's why - what can the guy do? I mean that - what can this guy actually do? He isn't going to physically attack you, 'cos he'll end up in gaol. He ain't going to threaten you, 'cos he'll get a visit from the force. He ain't going to have his son verbally abusing you 'cos they'll get a visit from the council - 'nuisance', 'anti-social behaviour' - and possibly social services! (How old's this child?)

Once you realise the tables have turned, so will he.

Calm, calm, calm. Practice your mantra; "I tried to be a good neighbour, and you took advantage. End of." And, once all these actions get under way, it becomes, "Well, what... did... you... expect?!"

Titus_Wadd

So well put! Jeepers!  The mistake we made with our NFH was trying to rationalise his behaviour from our own frame of reference.  Wasted a year not taking action straight away.  Now we're not compromising!

I hope you can start to enjoy your home without too much contact with these people.

nicos42

Hi all,

I thought I update you with  I have lost the battle thanks to the developer.

My home was sold a month before the neighbors. And the developer has put this in the deeds:

‘The Transferee for himself and the persons deriving title under him hereby covenants with the Company
and the persons deriving title under it for the benefit of the remainder or the land comprised in the
above-mentioned titles and each and every part thereof for the time being retained by the Company...
that he the Transferee will at all times hereafter observe and perform the covenants set out in the Third
Schedule hereto...’.

Whether or not a breach has occurred, any
claim for breach brought by an owner of a property without the benefit of the covenants would be bound
to fail. There are situations where a building scheme or scheme of development is created whereby the owners of different properties sold by a common vendor can enforce restrictive covenants among
themselves. However, the transfer here expressly rules this out:
‘...nothing herein contained shall operate to impose any restriction on the manner in which the Company
or the persons deriving title under it may deal with the whole or any part of the Development for the time
being remaining unsold or undisposed of or be otherwise deemed to create a building scheme for the
Development or any part thereof’.
Under these circumstances, I am afraid your LEI would not cover the costs of bringing a claim for breach
of covenant.

So whilst the neighbor can enforce the covenants on me, I am unable to do the same as his property was unsold at the time mine was first registered and bought.

This is what solicitor said:

Oddly enough, it is correct that as between your two properties he potentially could enforce but you could not.  This situation has been described by one judge as 'a building scheme from Alice in Wonderland' but when vendors choose to draft their transfers that way that is the law.

It is an absolute nightmare. They now employed a surveyor and forced me park between houses on my own land and they ve converted the front garden into parking. Their garden is not wide enough so parking for me is an nightmare, they have 4 cars now on there I can only park one.

So I m afraid not all covenants can be enforced. The insurance said that I might have a chance to enforce them privately based on a social aspect but with very small chances of succeding and costing thousands.

My only hope they ll move and I ll have a better neighbour and discuss converting my front garden into parking as bad as that is taking views away.

Thanks for evryone s help

[Deleted User]

nicos42 said:

Furthermore Barratt homes marked my parking space line wrong. If I was to park behind the line I cant get out the car because there isnt enough space between houses.

Sadly that may not have been a mistake. Barratt tend to make parking spaces too small, and garages as well. Many people find they can't open their car doors in the garage, making it useless.

melb

I hope someone with some legal knowledge will be able to comment.  Doesn't that read more like you do not have rights that would affect Barrett adversely in terms of them continuing to build the rest of the development after you have occupied your home? (well not you but your predecessor?)

'nothing herein contained shall operate to impose any restriction on the manner in which the Company
or the persons deriving title under it may deal with the whole or any part of the Development for the time
being remaining unsold or undisposed of or be otherwise deemed to create a building scheme for the
Development or any part thereof’.

Also did your home insurance appoint a solicitor who has knowledge of this area of the law or are they just a generic lawyer with no particular expertise.

Did you use a conveyancing solicitor when you bought? - would they bear any responsibility? 

I have a bully of a neighbour who attempted to steal land between our houses after we had allowed them to park there on a temporary basis.  We erected a fence to reinstate our boundary and they dragged us through court to try and make us take it down.  We represented ourselves and they incurred over £11,000 in solicitor's costs, plus a barrister whose fees I do not know.  We knew we were in the right but that's 2 years of solicitors letters and stress that i could have lived without!

i do hope you are proved to be in the right.

nicos42

Hi Rigolith

100% correct you cant park a car between houses or in the garage not wide enough.

Hi Melb, sorry to hear you had issues too and glad you were able to resolve them.

Unfortunately is the exclusion of "building scheme" which means that because their house sold second when it was first sold only Baratt can enforce covenants and no other future owners.

I m trying to get indemnity insurance so I can convert my front garden to parking although I hate that. I m not sure I can get indemnity insurance after exchange.

My conveyance solicitor was really bad and I thought about complaining.

nicos42

Hi all,

Some news on this issue.

In addition of me not being able to enforce covenants because Barratt ruled out a Building Scheme on the deeds so only they can enforce them the neighbor has employed a chartered land surveyor and solicitor.

They are now claiming that the neighbor boundary line extends half way trough my front drive and in effect I have to park between the houses or they will take me to court for trespassing.

Furthermore they are claiming that the shared right of way extends over my front garden for both properties cutting about a quarter of my front garden.

Are chartered land surveyor always correct? I m asking here because my insurance solicitor is so slow to respond and I m running out of options.

But they bought the house 30 years ago surely they cant just move the boundary line now taking over my drive and garden.

The solicitor is a known solicitor and the surveyor has very poor reviews stating "they do survey in favor for cash" is that even possible?

This is now turned into a nightmare so he can park his tanks in the front garden

canaldumidi

Planning law? Afraid I've not read the thread in detail but if garden is being used for parking does that not contravene planning use?.......

[Deleted User]

nicos42 said:

Hi all,

Some news on this issue.

In addition of me not being able to enforce covenants because Barratt ruled out a Building Scheme on the deeds so only they can enforce them the neighbor has employed a chartered land surveyor and solicitor.

They are now claiming that the neighbor boundary line extends half way trough my front drive and in effect I have to park between the houses or they will take me to court for trespassing.

Furthermore they are claiming that the shared right of way extends over my front garden for both properties cutting about a quarter of my front garden.

Are chartered land surveyor always correct? I m asking here because my insurance solicitor is so slow to respond and I m running out of options.

But they bought the house 30 years ago surely they cant just move the boundary line now taking over my drive and garden.

The solicitor is a known solicitor and the surveyor has very poor reviews stating "they do survey in favor for cash" is that even possible?

This is now turned into a nightmare so he can park his tanks in the front garden

Sadly some of them will say whatever you want then to. They know that most people will just give in when faced with a survey and legal nastygrams.

You could call their bluff and ignore it, it get your own legal advice (not cheap).

Bendy_House

That is truly staggering stuff, Nicos, and I'm so sorry to hear your woes.

I think worth trying posting this on other forums. One I know of is https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8 and I think there are some folk on there with 'knowledge'. There may be more specialised ones than that.

Also worth trying a few specialist property/boundary solicitors; many will take a free initial look at the issue, so it would be interesting to see their take on the paragraphs you mentioned above, that the builder put in the deeds - see if they are writ in stone.

It all seems very 'wrong'.