New Home Covenant for Shared Vehicular Access Dispute

[humfer]

Hello. Just an enquiry on the legal meaning of covenants and what do do if you have a problem. 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. Just after a bit more info on what goes on when one party ignores them

[JustinN]

I'm afraid that, as in so many cases, it depends on the exact wording of the covenant not to obstruct. Specifically, if the covenant is in favour of the builder, and you do not also have the benefit of it, enforcement is down to the builder. If the covenant is with all other property owners on the estate, including you, then you can enforce it direct, but this would involve court poroceedings ultimately, which will be expensive (though you might have legal expenses insurance under your household insurance) and stressful, not least because you will fall out big time with your neighbours

As things stand, I suggest you let the builder do the running and take the flak. If there is no solutiuon, re-visit the wording of the covenants and discuss with your solicitor whether you should get involved direct - and check for legal expenses cover

I hope this helps