Stanley owned a large freehold house and garden, known as ‘The Wilderness’. In 2010 he sold the fee simple estate in the rear section of his garden to Harvey, who proposed to build
Stanley owned a large freehold house and garden, known as ‘The Wilderness’. In 2010 he sold the fee simple estate in the rear section of his garden to Harvey, who proposed to build a modern bungalow on the land. In the transfer of the garden land Harvey covenanted with Stanley as follows
a) Not to use the property for business purposes; and
b) To contribute one half of the cost of maintaining the access driveway shared with The Wilderness.
Harvey completed building the bungalow in 2015 and then sold it to an artist, Richard. Stanley recently moved to a care home and The Wilderness has been sold to Brian.
Richard is running art evening classes at the bungalow and is also selling his own work and that of other local artists from the bungalow. There are frequent visitors and the shared access driveway has become full of potholes. Richard has told Brian this does not bother him and, though he has no objection if Brian wants to carry out any repairs, Richard will not pay towards them.
– Not to use the property for business purposes; and
– To contribute one half of the cost of maintaining the access driveway shared with The Wilderness.
Harvey completed building the bungalow in 2015 and then sold it to an artist, Richard. Stanley recently moved to a care home and The Wilderness has been sold to Brian.
Richard is running art evening classes at the bungalow and is also selling his own work and that of other local artists from the bungalow. There are frequent visitors and the shared access driveway has become full of potholes. Richard has told Brian this does not bother him and, though he has no objection if Brian wants to carry out any repairs, Richard will not pay towards them.
1. Explain whether Brian can prevent Richard from carrying on his business at the bungalow
2. Explain whether Brian can force Richard to contribute towards the repairs needed to the shared
driveway
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