Dont own driveway!

[Werehalfwaythere]

Looking for some views please.

We're in the process of buying a probate home. For context, it's a detached home with a long driveway leading up to it. The driveway only leads to our new home. When we viewed it (multiple times) we were assured by the estate agent that the drive is owned by the property. However it's a probate house, so really I think they were just assuming that.

In the deeds, it's turned out that the driveway is owned by next door, who originally owed the land our house was subsequently built on. We have shared access which the solicitor has assured us can't be removed without our consent and there's no reason why they'd need to use it. It's on the deeds that the responsibility for maintenance of the space is with us as a return for using the driveway. It's in great condition.

I'm now not sure what we should do.

A) not worry about it. We have access and it doesn't really matter who owns it

B) move in and later on ask the neighbour if we can purchase it, although they're old so presumably in the next 10 years it would be likely they'll sell to new buyers.

C) drop the offer price

D) withdraw from purchase

I'm leaning towards either b or c. We love the property but it just feels very strange. We're also maxing out our borrowing potential, it won't be easy for us to raise funds to purchase the land later IF they let us. And if for any reason we need to sell in the coming years, we can't afford to lose money on it if this is what puts people off. I also find it very controlling that the neighbour owns our driveway, I prefer to own all of what I use.

What would you do?

I’d do (d) tbh unless the owners agreed purchase of the drive at the same time. Someone posted a rightmove link on here a while back to a landlocked house with no access, presumably as a result of a dispute over similar. It would render the house unsellable.

Oh really?? The solicitor has assured us they couldn't remove the right of access without our consent. We could also make a new driveway, not sure on cost but it wouldnt be overly complex, probably expensive though given costs these days.

We also really love the house.

I can’t find it (and am not a solicitor!) so i guess if your solicitor is sure, that’s good… i would definitely ask for money off if you’ve been misled about the access- does that also affect total plot size?

The landlocked property discussed before was a particularly unusual case:

https://online.auctionhouse.co.uk/lot/details/109574

OP’s situation may well turn out to be vastly more straightforward to resolve! Just see what the neighbours say, can you informally approach them?

I would not buy under those circumstances. I think the current owner needs to try and buy the land first and then sell it along with the house.

I think this is really a situation where you need to be talking in detail to your solicitor more than people online. There is no-one who can advise you better on the implications and possible remedies.

If you love the house I’d make a reduced offer
if it all goes wrong you have the option of adding your own private driveway so while not ideal it’s not a disaster

I've spoken to our solicitor and will do again with another question I have tomorrow.

Im after other people's takes on it in the meantime. I'm a laid back person and don't want to gloss over something if the average person wouldn't.

Might need a plan!

Why was the driveway not included in the original land sale? What benefit do the current owners get from it?

How is the unmovable right of access expressed?

What actual value does the land have? I mean, could they sell it to someone else who might actually want to buy it? (We recently bought about 6 sq m of land actually in the middle of our garden — long story. The owners thought they were being remarkably generous in selling it to us for £1, until I pointed out that that was the actual market value. No one else would want to buy it).

That's a strange set-up! So for clarity, could there ever potentially be access via your land? E.g. do you own other land between the road and the house in question?

I own the driveway that goes to my house and next doors. The covenant is written into the deeds so I can't just stop access. It's not that unusual.

I would ask the owner to buy the drive pre sale.

Or speak to next door and ask if they would be willing to sell it to you as part of the house purchase on the same day as part of the sand transaction and the cost comes off the house cost.

So many properties are like this, it wouldn't concern me

Yes I've heard of that situation (and grew up in a house where next-door had the right to use out driveway, which went to both houses), but it's unusual for someone else to own a driveway that doesn't actually lead to their property, I'd have thought. This one only leads to the OP's potential home. Unless I've misunderstood? Or it could well be more common than I know!

Oh really? If they asked to purchase it off you, would you let them? I'm struggling to see why they want to retain the land!

One of my biggest concerns is, does that mean they can park on it?

No, you're right. It only leads to our (potential) house.

Would the property be worth less if comes with right of access to a driveway but doesn't own it?

We get the luxury of using it AND maintaining/updating it. But don't own it. Despite a hefty house price.

I would not touch this house with a bargepole unless the ownership of the drive can be changed.

My next door neighbour owns the driveway to hers, mine and another property.

It's not that rare a situation. TBH I'd prefer to be responsible for maintaining it as I think I'd do a better job.

But it wouldn't put me off buying another property where I don't own the driveway.

I’d want clarification from a lawyer: what if the new buyers of the other house decide to park their caravan on “your” ie, “their” drive?

Would an indemnity insurance, paid for by the vendors be appropriate.
The road outside our house is owned by someone other than the council and our solicitors advised than indemnity insurance was needed to ensure we would always have access

Yes, this didn't occur to me today when we spoke but I'll be calling her tomorrow to ask. The current neighbours may well be lovely but what happens if the family from hell move in and decide they can use it as a car park?

To be honest I hate this arrangement. There are some wacko people out there, what if the take a disliking to us and decide to just mess with us. Presumably they can do what they like on their land? Although we do have right to use it so hopefully parking a caravan would restrict that so wouldn't be allowed?

Its hassle we don't want though. I want to own it and have zero concerns over it.

I'm genuinely interested to know why the other property wouldnt just surrender it?

No, because then I'd not have access to my own garage/carpark!! 🤣 Tbh it is absolutely fine. They own our car park and I own the drive. Neither party can withdraw permission from the other. It's fine and I've been here 10 years and had 2 lots of new neighbours.

It's probably got a bit of history as to why next door own it, maybe they owned the land in the past or planned to add a garage or something.