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I purchased a detached house in England last year which was built as a new house on an existing estate with two other houses. As you enter the estate there is a 40 ft gravel driveway which gives access to the front of my house and the rear of the other houses. Now the first house on the estate has their own parking within their rear garden so they use the access way for access but the second house does not have their own parking and rather parks at the end of the access-way, directly opposite our house.
This neighbour lives opposite us on the driveway and has a front entrance located on the opposite side of their house but has created access to the driveway from the rear of their house through their garden fence and effectively uses this as the front door. Since we moved in, we were told by them that that where they parked their cars was 'their' parking spot, although it definitely wasn't, as it formed part of the access way and although I did correct them on this we let them park with the caveat that if it became a nuisance then we would need discuss this arrangement.
Whilst initially this has not been an issue, overtime they have started blocking the driveway and making it an inconvenience for us to get into our parking space by having guests park behind their cars or at the of the access way. My wife is pregnant and more recently it has become a real nuisance with any interactions with them being very confrontational and passive aggressive, this has caused the wife stress and anxiety which is not what anyone wants for their family, therefore I'm considering to speak to a lawyer regarding this but wanted to get some advice on whether we have a legal basis to do anything.
I've checked the deeds and they have an easement over the land which allows them 'a right of way at all times and for all usual and reasonable purposes connected with the use of the property as a single private dwelling house to pass and re-pass with or without motor vehicles and wheelie bins from and to the property over and along the shared access way PROVIDED ALWAYS that such rights shall be restricted to pedestrian rights over such parts that are not intended for vehicular use.'
However there is restrictive covenants that come with their title deed which states 'Not to obstruct or allow any vehicle to obstruct or park on the access way and shared access way and to keep the same clear at all times.'
I've attached a picture which shows shared the shared access way and where their cars are parked currently. https://ibb.co/23HC5JW
Based on these snippets from the deeds, does this explicitly prevent them from parking their car on the access way?
There are also a number of further restrictive covenants that they are breaking or have broken - what recourse is there from the courts with regards to one of the covenants being 'Not to do or permit or suffer to be done anything on or about the property or buildings now or hereafter constructed thereon which shall or may be or grow to be an annoyance nuisance or disturbance to the transferor or the owners or occupiers of any other property on the estate.'
Thank you for reading
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