Splitting a shared drive

[StaplesCorner]

I'm thinking of asking our elderly neighbours if they'd go for a straight split. This will leave us with footpath rear access but neither of us would have vehicle access to our garages; I have a lot of OSP, elderly neighbours could have OSP but don't want it as they don't drive. Almost all garages round here are being turned into garden rooms etc which I'd like to do, but my main concern and reason is elderly neighbours won't maintain the drive; its completely crumbling to bits so I'd like to have autonomy. If they agreed I'm thinking how can I get my (then) footpath bit done if it means cutting into the crumbling concrete whilst leaving their side in the same condition.

I suppose I'd need to pay their legal costs seeing as its my idea, but has anyone done this or would advise doing it? So as not to drip feed I am worried if they pass away (they are well into their 80s) we might well lose the fairly amicable "no parking on the shared drive" arrangement we currently enjoy (and have had for 20 years). Also worried about the crumbling shared drive affecting me if I try to sell.

All thoughts welcome.

When you say ‘shared drive’, what do you actually mean? Is it owned half by you and half by them but you both have right of way over each other’s half to get to said garage? Or is it owned by one of you with right of way to the other party? If they agree to ‘split’ the access, have you decided how much are you willing to pay them for the subsequent loss of access to their property - loss of access which will potentially devalue their property in any future sale. Presumably you wouldn’t have the same consideration of devaluing your property if you already have other provision for osp in place. You’d probably want to be sure that giving up any right of way now couldn’t potentially be reinstated at a future date by a new owner (I don’t think it can, but I’d want to be very certain)

I don't think they'd want to relinquish vehicular access to their garage as it would affect the future sale value. The fact they don't use the garage at present is irrelevant.
Would it not be just as cheap to pay for the whole resurfacing job (assuming they can't/won't share costs) as it would to pay legal fees to transfer ownership - even if they agreed?

If neither of you would have vehicular access to your drives they’d be fools to agree since this will devalue their house!

First steps - are you certain it's a shared drive and not split on the deeds? I only ask as our house was described as having a shared drive but it is in fact split into two on the plans, & we actually own about a foot more of it for some reason.

We have left it unfenced as we don't have off-street parking, it's been handy when we or they have had work done (ideal place for a skip or workmen to park), we just check in with each other first.

When you say ‘shared drive’, what do you actually mean? Is it owned half by you and half by them but you both have right of way over each other’s half to get to said garage?

Yes that's exactly it.

So not looking like a popular option so far. They could have plenty of OSP same as us but they don't want to spend any money - either to repair the drive or landscape over some of the big front garden for parking. They are very wealthy but in common with many elderly people they won't spend a penny even though they have things they need so I can't see them agreeing to re-surface the drive.