Shared Drive/passageway & Covenants

[spakenha]

I have recently found out that my neighbour (or the previous owner) built a fence cutting off part of our shared access (which it marked on a conveyance as being legally ours). The Neighbours have refused to let us put this access back as it will spoil there patio!!!.

There is also a restrictive covenant on their property from 1939 saying that they cannot occupy and part of a neighbours land as to or causing annoyance (which it is as we will no longer havce access once an exrtensive is built).

We have offered to the neighbours that we will pay to re-fence the area, so not to cost them any money but they have refused.

Can anyone shed any light an whether under the covenant we can forced them to return our piece of land.

Please help

[brian]

Contact a solicitors - it sounds like you could be in the right here, and as they aren't listening to you, then if a solicitor agrees with your position and sends them a letter, it is unlikely that they can ignore that.

Shouldn't cost too much, and would possibly save you having to buy a fence for them.