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?

? The solicitor has assured us they couldn't remove the right of access without our consent.

Well, yes but that's about the outcome if/when you end up in court. Not day to day irritations if the neighbours have visitors who don't park tidily and just dump their cars.

Even if the current neighbours have played nicely, nothing to say they won't sell up and you end up with completely different people.

Who decides what standard is required for the the maintenance that you are responsible for?

Having seen what can happen with a shared drive, this is one thing that would make me think again. So many ways in which this could go wrong. Sorry.

I live at the end of a lane which is owned by my neighbour. I have right of access. It's never been a problem. Never occurred to me to be worried about it. Been there nearly 20 years. Next door has sold once and new owners were just as unbothered as the old ones.

Shared drives are very common.

What’s odd here is that it doesn’t seem to be shared, it only leads to the OP’s house-to-be.

Could it be an ancient mistake? That when the land was parcelled up the wrong footprint was registered? Excluding the drive?

As long as there is an actual right of way it’s fine. If there isn’t anything written into the deeds then there is an issue.

Two lawyer family here too. We have a driveway which runs alongside our property and leads to four houses. Only one of these actually has a right of way. I certainly wouldn’t buy one of the other three houses.

The first house we ever bought had the same set up. Wasn't a problem at all. We had a perpetual right of way via the easement and the vendor took out indemnity insurance as a belt and braces guarantee.

It's common really.

My house is an old estate cottage. They still own the drive although I have access. It's not unusual if they were to sell the land it'd be with burdens/ servitudes. They can't remove access rights.

Do you need a mortgage to buy the house?
We had a similar situation except the driveway land was unregistered land.
When our lender's legal team spotted this they reduced the property's valuation by two thirds and withdrew the mortgage offer.
The vendors then purchased indemnity insurance and then everything was back on track thankfully.

My current house has similar restrictions but a bit more complicated. (3 houses each own some part of the drive space and each house has ROW over some of each others' drive spaces plus there is a bit that is jointly owned) been here 30 years and no problems but I wouldn't buy into the same situation again because I feel its dependent on having good neighbours, which currently I have. Yes legally its clear but what "legally" means is "if it went to court you'd win" but there would be a cost to that. I mean if its REALLY your perfect idea dream never get it again house then you might decide to go for it but I'd think VERY hard.

I wouldn't buy the property because what if the drive owners then sell to people who have lots of parties for instance, and allow guests to park on the edge of the drive.

To be honest you'd be in exactly the same position if you did own the drive but got new neighbours who decided to start parking on it. In both scenarios this is legally not permitted and you could enforce that, either under ownership rights or the easement rights.

We live on a track that we don't own. It's really common out in the countryside and usually not a problem as long as your access rights are clear. This is the second house we have lived in like this. Never had any issues.

"Who decides what standard is required for the the maintenance that you are responsible for?"

Unless it's specifically stated otherwise then it would be up to the OP (if she bought this house) to decide how well she wishes to maintain the access.

The landowner is not responsible for maintaining the access (unless the deeds say otherwise).

What if the owners and the OP fell out and the owners decided to put a caravan blocking vehicle access but maintaining access on foot? I have seen this happen and it took years to go through the court!

I would quiz your solicitor over a range of questions and scenarios.

If your solicitor is confident that it poses no issue, I would go ahead.

My parents owned the drive that led to the neighbours. They did take the piss with parking but the drive led to their actual house.

Which it doesn’t sound as if this drive does?

In most well drafted rights of way there would be a provision saying it’s a right of way on foot or with vehicles so you could take action to enforce that right if someone was obstructing the exercise of it. But the solicitor needs to advise on the specific terms of this specific right of way. If it’s properly drafted it shouldn’t be an issue and it’s not unusual for a house to not own the access.

This situation appears to be the reverse of that. The OP is in the same position as your parent's neighbours and the neighbour's house is in the same position as your parents.

In this situation the OP is concerned that your parents would block the driveway

I wouldn't let it stop me from enjoying living in a perfect house, but I would want complete clarity on the situation first. If there is an element of good will required for the setup to work properly, I'd be concerned. However, if I had the ability to create a workaround in the next few years, like you mentioned building your own drive on your owned land, then it probably wouldn't stop me from buying the house.

There are always compromises involved in moving house, but if you take the long view to the purchase it might work out ok?

"I'm struggling to see why they want to retain the land!"

Here's the explanation.

"...the driveway runs parallel to the front of their property so could potentially block light or cause a less desirable view for them."

If they sold you that part of the driveway then you could build a 2 metre (6'6") fence right in front of their property and they could not stop you.

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

No

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

That will have been (should have been) factored into the price anyway.

@Werehalfwaythere what @honeylulu said. Ask your solicitor to explain it in more detail.

I can’t see the issue really. It’s not an uncommon situation. The reservation of ownership with an easement attached is the standard way of controlling use of the access land against (to the original owner) detriment of building or other use.

Your sol is the place to get answers, and certainly the terms should be looked at carefully, as PPs better qualified than me have said.

As to the neighbours ‘misusing’ the drive, it’s much harder to do something about anti-social but lawful use of a public highway: big vans blocking any view out of the front of a house, semi-abandoned cars that remain MOTd etc.

D. I wouldn't buy this house at all.

I'd be uncomfortable with that, but at least make sure your solicitor puts everything they're saying in writing, very clearly, or better still you ask them a list of questions as above and get their written response to them, just for your future protection. As you say though, it might be fine now but potentially with different neighbours/owners of the drive it may be a different story. I don't think I would buy tbh.

These things are always OK until you get some batshit neighbour who decides they want to enforce their "rights" or deliberately make your life difficult.

Then the sluggish pace of the courts and cost of the lawyers makes enforcing anything a nightmare.

OTOH if you get a decent neighbour they might be more than happy to sell it to you. I mean, if they can't legally park on it or obstruct it there is literally no benefit to them in having it, other than I guess maintaining a greater control of their borders.

I mean, if they can't legally park on it or obstruct it there is literally no benefit to them in having it, other than I guess maintaining a greater control of their borders.

That’s the whole point isn’t it? They wouldn’t sell if they wanted to prevent development or use that would adversely affect them.

They could put a clause on it stopping development after a sale. But development would be unlikely if it stopped access.

They could keep a strip at their border so they can control the fence.

Maybe the money would then be worth more to them than the rights they give up. I would rather have 10k than the useless strip of land I have at the front of my house.

But of course there is no guarantee they would sell it.