alt.uk.law

Thank you for your advice everyone. I hope it all resolves with solicitors
letters rather than court action. But as someone said, we have to enforce
our rights or risk losing them and devaluing our properties. But I still
don't know which court to go to, if I have to?

John.

"Anthony R. Gold" wrote in message
news:aq1l93dkvnttmnfn9rj3mukaud5e5ha3ok@ ...
> On Sun, 15 Jul 2007 14:42:56 +0100, "John Davies"
> wrote:
>
>> I share a courtyard with 6 other families. Most of us have been there
>> for
>> 20 years or so. We all own parts of the courtyard, but the central bit,
>> most of it in fact, is owned by one house. As you would expect there are
>> Restrictive Covenants on each of the properties limiting car parking,
>> allowing for access, maintenance, etc. Unfortunately the family who own
>> most of the courtyard are refusing to abide by the Covenant, saying that
>> because they own the land it doesn't apply to them.
>
> The problem appears to that the owner of the largest part is ignorant and
> misinformed about his duties rather than is deliberately flouting them. I
> suggest you and the other concerned owners ask your solicitor to send him
> a friendly but firm letter that explains in technical detail how he is
> obliged to act and which both invites him to seek his own independent
> legal advice and also warns him that if he does not move into compliance
> then his neighbours have the right to ask a court to order him to do that
> and where such a legal process may be costly to him.
>
> In terms of your property rights: I urge you to defend and use them or
> lose them, where losing them may devalue your property.
>
> Tony
>