Andrew Horton, a local builder, bought an area of disused land in 1982. Title to the land was registered freehold. Mr Horton subsequently obtained planning permission to build two detached houses on it. The construction of the houses, (numbers 1 and 2 Honeysuckle Drive) was completed in 1983. The two houses share a driveway leading off the publicly maintained highway, (Honeysuckle Drive), which leads to their respective garages and front doors.
Andrew Horton sold 1 Honeysuckle Drive to James Manford in 1983. The transfer to Mr Manford contained the following provisions:
(a) a grant of a right of way at all times and for all purposes over that part of the shared driveway that fell within the boundary of 2 Honeysuckle Drive;
(b) a reservation of a right of way at all times and for all purposes, benefitting the retained land, over that part of the shared driveway that fell within the boundary of 1 Honeysuckle Drive;
(c) a covenant by Mr Manford to contribute a fair proportion of the costs of maintaining the front drive;
(d) a covenant by Mr Manford not to use 1 Honeysuckle Drive other than as a private dwelling house.
Mr Manford registered his title to 1 Honeysuckle Drive and the provisions detailed above were all duly registered. Corresponding provisions were also registered against the title to the retained land, (2 Honeysuckle Drive)
Andrew Horton sold the freehold of 2 Honeysuckle Drive (and so disposed of all of the retained land) to Sinitta Smith in 1984. The transfer to Ms Smith contained the following provisions:
(a) a covenant by Ms Smith to contribute a fair proportion of the costs of maintaining the front drive;
(b) a covenant by Ms Smith not to use 2 Honeysuckle Drive other than as a private dwelling house.
In 1996 Mr Manford sold 1 Honeysuckle Drive to Asma Begum. In 2000 Ms Smith sold 2 Honeysuckle Drive to Joseph Hawkins.
Joseph Hawkins does not drive a car and only uses the driveway to walk to and from his front door from Honeysuckle Drive. The shared driveway is starting to show its age and has a number of potholes in it. Ms Begum, who does drive and parks her car on the driveway, has asked Mr Hawkins to contribute towards the cost of getting the driveway resurfaced but he has refused.
Mr Hawkins, who is an accountant, has also recently closed down his offices in town due to expensive overheads and is now running his business from the ground floor of his property. This has resulted in clients visiting the house and regularly parking along Honeysuckle Drive and, sometimes, even on the private shared driveway itself.
Consider the following questions:
(a) Can Ms Begum take action to stop Mr Hawkins from using his property for business purposes? and
(b) Can Ms Begum force Mr Hawkins to contribute towards the cost of resurfacing the shared driveway?
Please explain your answers with reference to appropriate legal principles and authorities.
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**Covenants problem question, Help needed** watch
- Thread Starter
- 05-04-2011 23:33