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neighbour building wall - obstructing to open car door

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  • BobQ
    BobQ Posts: 11,181 Forumite
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    EachPenny wrote: »
    You need to read the whole thread, the answer will become clear. ;)

    The OP was long enough, so yes I may have missed something
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • lookstraightahead
    lookstraightahead Posts: 5,540 Forumite
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    Op what do you have in front of your front door? Can someone draw a little picture on here so that I can see what's going on :)
  • EachPenny
    EachPenny Posts: 12,239 Forumite
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    Something like this, or the mirror image. The OP is parking on the Driveway "DDDD" constrained by the neighbour "NNNN" on one side and the house "#" on the other.

    What lies between the front of the house and the road is a mystery, but based on what the OP has said already and being familiar with this kind of development, my guess would be it is a narrow strip (if anything) which is far too small to park on. (if it were big enough for parking then the garage wouldn't need to be set back). I could be wrong though, hopefully the OP will come back to confirm. ;)

    NNNNNNNN | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | #### Garage ### | #
    Neighbour N | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | # --- House ---
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | ###########################
    NNNNNNNN | DDDDDDDDDDD
    NNNNNNNN | DDDDDDDDDDD
    NNNNNNNN | DDDDDDDDDDD
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Road
    "In the future, everyone will be rich for 15 minutes"
  • Badger50
    Badger50 Posts: 123 Forumite
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    Badger50 wrote: »
    The OP owns land which is part of the land originally benefiting from the restrictive covenant applying to the neighbours land. Assuming a conventional housing estate situation, the developer would have applied restrictive covenants to each plot as it was sold. Each house is subject to the restrictive covenants set out in its original conveyance. But each house is also a sub-division of the original development site and can therefore enforce the covenants against the other houses.

    I agree it would be pointless in this case.

    On the general legal point of who has the right to enforce restrictive covenants I should clarify that not all the houses on an estate will have equal reciprocal enforcement rights. It all depends on the order in which they were sold. Houses will not have enforcement rights over those sold later but will have rights over those sold earlier. At the extremes the first house sold will have no enforcement rights. The last one sold will have rights over all those sold earlier.

    Just adds to the impracticability of trying to enforce them.
  • WeAreGhosts
    WeAreGhosts Posts: 3,100 Forumite
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    Badger50 wrote: »
    On the general legal point of who has the right to enforce restrictive covenants I should clarify that not all the houses on an estate will have equal reciprocal enforcement rights. It all depends on the order in which they were sold. Houses will not have enforcement rights over those sold later but will have rights over those sold earlier. At the extremes the first house sold will have no enforcement rights. The last one sold will have rights over all those sold earlier.

    Just adds to the impracticability of trying to enforce them.

    That's an interesting point that I've never come across and could be important to my problem. (Sorry, not trying to hijack the thread)
    How does one go about finding who has enforcement rights over who? Is it in the deeds? If so, there's nothing in mine, just that there shouldn't be a wall/fence/hedge on the front boundary. So am assuming anyone with an interest can enforce.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    WeAreGhosts wrote: »
    That's an interesting point that I've never come across and could be important to my problem. (Sorry, not trying to hijack the thread)
    How does one go about finding who has enforcement rights over who? Is it in the deeds? If so, there's nothing in mine, just that there shouldn't be a wall/fence/hedge on the front boundary. So am assuming anyone with an interest can enforce.


    Your problem might be because the services run under the bottom of your front garden. I know that we own a house with a covenant like that because the services for the other houses all run under the bottom of the front gardens and so you are not allowed to build a wall or a fence.
  • Badger50
    Badger50 Posts: 123 Forumite
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    WeAreGhosts wrote: »
    That's an interesting point that I've never come across and could be important to my problem. (Sorry, not trying to hijack the thread)
    How does one go about finding who has enforcement rights over who? Is it in the deeds? If so, there's nothing in mine, just that there shouldn't be a wall/fence/hedge on the front boundary. So am assuming anyone with an interest can enforce.

    You would need to see the original conveyances for the properties concerned and check the dates and covenants. They will normally be filed at the Land Registry. The dates will determine which of the properties are, in relation to eachother, a dominant tenement (able to enforce a restrictive covenant) and which a servient. tenement (required to comply with a restrictive covenant).
  • lookstraightahead
    lookstraightahead Posts: 5,540 Forumite
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    EachPenny wrote: »
    Something like this, or the mirror image. The OP is parking on the Driveway "DDDD" constrained by the neighbour "NNNN" on one side and the house "#" on the other.

    What lies between the front of the house and the road is a mystery, but based on what the OP has said already and being familiar with this kind of development, my guess would be it is a narrow strip (if anything) which is far too small to park on. (if it were big enough for parking then the garage wouldn't need to be set back). I could be wrong though, hopefully the OP will come back to confirm. ;)

    NNNNNNNN | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | #### Garage ### | #
    Neighbour N | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | ############## | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | # --- House ---
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | #
    NNNNNNNN | DDDDDDDDDDD | ###########################
    NNNNNNNN | DDDDDDDDDDD
    NNNNNNNN | DDDDDDDDDDD
    NNNNNNNN | DDDDDDDDDDD
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Road

    That is so kind of you thank you x:)
  • BobQ
    BobQ Posts: 11,181 Forumite
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    edited 14 October 2018 at 11:50PM
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    EachPenny wrote: »
    Something like this,

    You may be right but there is nothing in the OP's words to say that the garage is not at right angles to your suggestion.

    In fact the OP states

    "We have got single car park (2.68 meter width) in front of garage ….."

    If I were describing the front of my garage I would mean the side with the door.


    But unless he tells us we will never know...….
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
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    BobQ wrote: »
    You may be right but there is nothing in the OP's words to say that the garage is not at right angles to your suggestion.
    In fact the OP states
    "We have got single car park (2.68 meter width) in front of garage ….."
    If I were describing the front of my garage I would mean the side with the door.
    But unless he tells us we will never know...….
    Me too. I think you are looking at the diagram 90 degrees out.

    The door in what I've drawn would be next to the driveway marked "DDDD". Thus the 'single car park' (driveway) is "in front of the garage" and connects the garage to the road.
    "In the future, everyone will be rich for 15 minutes"
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