Tell me about your shared access arrangements please?

[whatsthecatch]

I'm househunting at the moment and considering a house with shared access to a garage block at the rear of a row of terraced houses.

Apparently a verbal agreement is in place at the moment, but I wonder how this works in practise? Does anyone have experience of changing this kind of thing with a formal, legal agreement with all parties concerned? Basically, I would have to cross someone else's land to get to my garage.

I don't know whether to disregard this house or be brave enough to get involved? The vendor doesn't appear to have any problems with the arrangements

Thanks in advance.

I'd be wary if it was just a verbal agreement - are you sure that's the case?

We have a shared drive which is actually owned by the neighbours due a quirk in the deeds from when the house was built in the 1930's but we have a legal right to use it and they cannot stop us getting access. If this hadn't been in place we would have insisted the legalities were sorted before we exchanged contracts at the vendors time and expense.

Thanks Moomie. Interesting to hear the legalities of your situation with your driveway.

I would walk away from this house if a similar agreement can't be put in place, but as I have never come across this before I didn't know if its a horror story waiting to happen.

EA said exactly what you said - that the vendor's solicitor would have to sort this out.

I just don't know how common it is and how easy it is to make access legally binding? Vendor insists its a verbal agreement. Only 4 houses involved.

If everyone agrees I assume there wouldn't be any difficulties in putting a legally binding agreement in place (although not sure if everyone would need their own legal advice which would cost?).

Perhaps none of the 4 houses have been bought/sold recently so the issue of access hasn't come up. I'd also want to know whose responsibility is it to maintain the access? Does it belong to just one of the houses?

Have you got a solicitor yet to ask for some specific advice? Might also be worth seeing if you can get a copy of the land registry deeds just to clarify who owns what.

In our care, our mortgage lenders were also insistent that the legalities were clarified as, in their eyes, they felt the property would be worth less without this access.

Thanks moomie for your replies. I know this isn't the most exciting thread in the world, so I'm really grateful for your comments.

I haven't put in an offer at this stage as I am still considering what to do. I just don't know enough about property issues and have no experience of this kind of thing.

our house has a similar situation where three houses have rights of access over the terrace back passage (oooer) - in the deeds it mentions that at a specific date (about 30 years ago) all the owners agreed that each house has the right to "pass and repass" along the passage and that everyone shares responsibility for upkeep. I would definitely get something added at the legal stages - oitherwise a new owner could build a wall blocking your access and you'd have no comeback.