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Shared driveway but land registry shows owned by one house

16 replies

FedupofTurkey · 17/06/2013 23:35

Bit complicated - pair of semi's share a drive. The land registry shows boundary of full drive is to one of the houses. However the plans show the drive as shared access. Is the other house responsible for helping to maintain the shared drive - should it say so in the deeds? Something like 'right to pass the driveway on the plan subject to the transferor paying a fair proportion according to the use of the cost of repairing renewing and maintaining the said driveway' - does that mean pay to maintain drive???

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nohalfmeasures · 17/06/2013 23:42

Yes, as you are the one using it and therefore causing wear and tear. Our drive is the same. I think it mentions "reasonable maintenance"

nohalfmeasures · 17/06/2013 23:45

If you get on well with your neighbours you could negotiate to have it transferred to your name but you'd have to offer to pay the costs and maybe something for the land itself.

FedupofTurkey · 17/06/2013 23:47

Thats good - i want the deeds to say I'm partly responsible! So I'm reading them correctly??

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nohalfmeasures · 17/06/2013 23:49

Sorry- just realised I read that all wrong! You both use the drive equally but one owns it? It should stipulate in the deeds, but if not then technically I guess the owner is responsible but morally the cost should be split between the 2 of you.

FedupofTurkey · 17/06/2013 23:52

Not half - yes the other half owns it but my deeds say the bit in quoted - so does that mean i should pay?

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50shadesofbrown · 17/06/2013 23:54

This would (or should) have been picked up by your solicitors before you exchanged contracts. If you can't sort it out informally with your neighbour, I'd contact your solicitors. It would probably be worth contacting them anyway TBH if you can't resolve it, as it constitutes a boundary dispute which you would need to disclose if you want to sell the house, plus it will make the house much harder to sell as you effectively have no legal right of vehicular access. If you can get it resolved with the neighbour, fine. You will need to get it all properly documented though, with copies of documents etc to be placed with the deeds to your & their houses & possibly the Land Registry.

FedupofTurkey · 17/06/2013 23:58

Equally there's a section that says ' to use all water mains and pipes sewers drains and services as are now used and enjoyed for the benefit of all adjoining properties known as no @,@ and@ and all footway mains pipes sewers drains and services shall be repaired and maintained at the joint and equal expense of the respective owners' - i presume this means we're all responsible for upkeep?

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FedupofTurkey · 18/06/2013 00:00

50 shades - the plans stipulate its shared access but owned by next door, the deeds say the above. From that i gather i'm allowed access over the drive to my property but also required to contribute to maintain it?

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nohalfmeasures · 18/06/2013 00:03

We don't own our drive, but we have a right of access. It doesn't go anywhere except to our house but the owner won't sell. We do the minimum required for upkeep so that cars don't get damaged on it, but that is all.
I don't think there's a boundary dispute as someone has to own it. Shared ownership (since you both use it) would ?complicate things. I guess when the house was built it was easier to let one property own it and the other a legal right of access. As long as you have it documented that you have access then you are OK (but I'm not a lawyer)

nohalfmeasures · 18/06/2013 00:04

OP- yes that's how I would read it.

FedupofTurkey · 18/06/2013 00:10

Thanks :)

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FedupofTurkey · 18/06/2013 00:12

No half - do you have it in your deeds about maintaining?

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50shadesofbrown · 18/06/2013 00:18

That's what it sounds like Turkey. I'm not a solicitor (duty bound to note this) but I do work in property management. Means you split the costs equally I think & you all have right of way over it. Sounds pretty straight forward actually.

nohalfmeasures · 18/06/2013 00:38

There's nothing in our deeds about maintaining it.
Owner (elderly) a bit funny about us doing anything much, so we do the basics. I just mention that we don't want cars to get damaged and that seems to do it.
I suppose, technically, if we were prevented from doing maintenance by the owner, that would make him liable for any damage to a car as it's his land.

FedupofTurkey · 18/06/2013 00:48

Thanks both - what do you reckon about the water drains bit (posted at 1158), similar situation as drive?

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nohalfmeasures · 18/06/2013 13:19

Yes. It means you have the right to use the water, drainage and electric and they can't cut the pipes. Any bits of those that are communal ie between the road and where it splits to the individual houses, should share the cost if repairs are needed.
I once lived in a terrace of 4 which was on an old ring main for water. If 3 others were running a bath, the last house had only a trickle. Not all of us could afford to have it changed, so we just lived with it.

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