Positive Covenant enforcement & removal from title deeds

[Oldskoolrool]

We share an access lane / farm track, and car park with two neighbours. The title deeds on the property have what I believe are termed positive covenants, in that the owners have the right to use the car park “subject to the payment of 1/3 of the cost of keeping the car park area clear of all obstructions, well maintained and in good repair, resurfaced, weeded and generally husbanded”.

Myself and one of the parties wish to weed and resurface the car park, as it’s become very untidy and unsightly. The third party does not wish to do this.

My questions are

•If the third party does not comply with the terms of the covenant, can they lose their right to access and use of the car park?

•How would I proceed with the process of removing their rights?

•Can anybody point me towards any website or publication that may help with this process

•I’m guessing I might need to see a solicitor and take out a civil action of some sort. If that’s the case, ball park figure of the cost this might run to, and if it’s possible to claim from the obstructive neighbour?

•Alternatively were myself and the cooperative neighbour to proceed with the work to make good the car park area, would we be able to reclaim 1/3 via small claims court?

Many thanks

[Crazy council]

hi

•If the third party does not comply with the terms of the covenant, can they lose their right to access and use of the car park?

•How would I proceed with the process of removing their rights?

No, it doesnt, your option is to claim against them for the controbuituion and costs, you can't block them for a number of reasons, They have tio have acsess to the highway, and that acsess has to be unobstructed

•Can anybody point me towards any website or publication that may help with this process

•I’m guessing I might need to see a solicitor and take out a civil action of some sort. If that’s the case, ball park figure of the cost this might run to, and if it’s possible to claim from the obstructive neighbour?

solsitor, theres some good ones post on here, and you can find a local one on the sister site, anyone else is just really giving an opinion, deeds and acsess are complex.

•Alternatively were myself and the cooperative neighbour to proceed with the work to make good the car park area, would we be able to reclaim 1/3 via small claims court?

yes you can, just dont block them or they counter claim ( from experience )