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Old 06-22-2008, 07:12 PM
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Default Restrictive Covenant - query

We own a semi, and through a Restrictive Covenant we have rights of 'foot and carriage' access to our neighbours shared drive and across the front of their property & onto ours.
The covenants affect 2 pairs of semis, and I guess they were put in place to allow access to the front of all 4 homes from the road down what was originally the only 'carriage' access. All 4 homes are responsible for maintaining the "shared drive"; although only the 2 properties [those adjacent to the drive] use the drive [they share it and park their 5 cars there]. We have our own driveway and parking facilities to the other-side of our property as does the property on the opposite far side.

At the front of the properties the "other pair of semis" have fitted a gate in their joining fence to allow pedestrian access but our neighbour has just built a stone wall between our 2 properties...
We have never used our rights of access to the shared drive or across the front of next door’s home, but as they have built a solid boundary to completely cut off our access perhaps the time has come to formally remove our quarter-liability to maintain the shared drive.

Can anyone offer advice on how we should proceed? The Restrictive Covenant was put in place decades ago.
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Old 07-30-2008, 06:40 PM
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I bet your neighbour has a problem if he wants to sell and his 'solid boundary' assume it is a wall, may just have to be demolished. I would be a bit annoyed - did they make you aware of the fact they were going to build a wall? I would not contribute to something that restricted my legal access. Hope the shared drive is in a good state of repair. Have the other neighbours had anything to say or have they just accepted it?
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