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Land Ownership and covenents

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aparmar | 09:04 Fri 30th Jul 2010 | Civil
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I have a long driveway which I own according to the deeds but my neighbour has access rights on the drive and in a recent dispute I discovered that I cannot park any vehicles on the driveway itself although it is wide enough to accomodate 2 vehicle to pass each other. Vehicles can only be parked right ouside my garage but if we have visitors then we have to ask them to parkl of the driveway onto the highway. My neighbours dees state the same but also confirms that I am the owner. Can covenents built into the land records be overturned / disputed. Is there any similar cases out there? I would be grateful for any advise of how I can take this forward
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If it's a given 'right of way' there must be reasonable access. Cars parked on one side with motor access available should suffice. Do that & let neighbor spend £ks on Court exes, only to achieve same legally.
Convenants regarding access rights are not 'standard' terms so you cannot use one example to conclude what your situation would. This is how lawyers make money - by needing to seek judgements around SPECIFIC sets of circumstances that are different in every case. For example, an access convenant may be written that the access shall be 12 feet wide, another one might not specify a width.
Can convenants be overturned? - sometimes, but expensive in legal costs (see above).
Can convenants be disputed? - definitely yes, but very expensive for the losing side (see above) - perhaps £10k - £20k.
Maybe tell us exactly what the wording of your convenant says - that will be free for starters.

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