ROW & Restricted Covenants

[omalley]

I own a private driveway which my neighbour has right of way to access his house.

He has now obtained plannign permission to develop a house in his garden.

Whilst the deeds state right of way is granted to his land, there are also restricted covenants prohibiting further develop on the same plot.

I cannot trace the owners of the covenants? Is this essential to enforce or can I enforce on their behalf?

Can I challenge the deeds by saying the right of way was only intended to be granted in line with the restricted covenants. I.e access is afforded to the neighbours property but only on the provisio it is for one house as per the covenants placed on the deeds?

The neighbour is sellig the plot for a massive 6 figure sum and I need specialist help.

[MustafaTickl]

(1) Only the "owners" of the covenants can enforce them. You have no standing in the matter whatsoever.
(2) Only the owner of the freehold (the servient tenement) can enforce any conditions associated with the grant of a ROW. Again, you have no standing in the matter whatsoever.

There is no contractual relationship between adjacent freeholders and much money has been spent over hundreds of years trying to invent one to absolutely no avail.

[buildersmate]

Your best bet, Omalley, is trying to get the PP turned down on grounds of poor access (visibility splays or the width of the driveway), not on the grounds of possible legal impediments in your neighbour's land title.

[omalley]

PP is already obtained