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covenant re maintenance of track

(7 Posts)
olliegarchy99 Sat 06-May-17 18:21:41

scenario
I live down an unmade 'farm' track which is used by the farmer (he owns the land underneath it) to access his fields and myself and the neighbour (who is situated at the end of the track )
this means there are 2 stages to the track - from the road to me (A-B) and from me to the neighbour (b-c)
my deeds state that I have the 'benefit' of a covenant placed on my neighbour that they will contribute to the maintenance of A-B as we both use it. Their deeds state that they are covenanted to contribute to maintenance of the track in accordance with their usage.
They recently moved in and myself and the previous neighbour worked out an amicable solution to this
However - they have had mega-building works and lots of heavy lorries etc as well as 2 cars of their own using the track extensively over the last couple of years.
Hope you are with me so far smile
Where do I stand in asking them to contribute most of the cost of making good the damage (on a-b) done as a result of their building work as they seem to be under the impression that they call the shots re the allocation of cost. (obviously b-c will be their sole responsibility)?

Getsomesleep Sun 07-May-17 08:56:59

We have the same set up only we are the ones having extensive building work and lots of heavy trucks. If our neighbors asked us to contribute more as a result we would😂😂😂😂. No way. It's swings and roundabouts - they have more kids driving so we could start counting their journeys up and down😂😂. It's petty. Just pay the agreed amount.

Intransige Sun 07-May-17 09:00:01

Who placed the covenant? That's who would need to enforce it. If the originator of the covenant has no interest in enforcing it there is no way (as far as I'm aware) to enforce it otherwise.

So I wouldn't go in all guns blazing if I were you.

johnd2 Sun 07-May-17 09:40:02

Positive covenants ie telling you that you have to do things, only apply to the original owner.
So you can forget all about the deeds.
Basically you just have to either live with it as is, persuade them to pay extra, or just pay whatever they're not prepared to pay. Or just get out with a shovel, whacker and some hardcore and fix it between you.

olliegarchy99 Sun 07-May-17 15:38:03

just to clarify - I cannot physically hump gravel about (health reasons) although I have done this in the past
I use the track ONCE a week on average in one small car - so no I would hate to be a neighbour of yours getsome as there has to be some fairness.
I had always thought that covenants were binding - if they are not why are they still present in deeds.
However, thank you for the information.
Looks like I am stuck with the neighbours from hell who are obviously an entitled lot who care nothing for anyone else. I always thought rural areas were kinder/friendlier but urban townies and their attitudes are moving in angry

bojorojo Sun 07-May-17 18:21:09

Rural areas kinder and friendlier? Not in my village. It is dig eat dog.

Blankscreen Sun 07-May-17 18:49:00

The pp is correct a positive convenant cannot be enforced on subsequent owners unless there is a direct deed of convenant.
However the wording of the easement May make the use of the track subject to payment.
Go and see a solicitor for proper advice.

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