Shared driveway

[HedgeWoes]

Hi all

I’d welcome any thoughts my neighbour and I have a shared drive well it’s not really shared it’s on my land but they have to access it to get to their house and their part of the drive.
For context we’ve lived here since February they’ve lived in their house since it was built in the 90s.
They have told my husband that they will be paying to get the tarmac on the drive replaced but they mean the whole drive not just their bit.
Regretfully at the moment I can’t afford to contribute the drive is fine and the house I bought needs a lot of work to fix things, like the ceiling that came through due to a water leak. So for me a driveway outside which is fine is not a priority.
They know this but still want to get the drive done as it will make their house look better?
From a legal view are there any risks in agreeing to this.

Thanks and any thoughts welcome

If they are stupid enough to proceed without a written agreement/contract and with no payment from you, its on them.

They sound like fucking idiots.

Tell them it is not in your plans and the drive is OK as it is. Do not give them permission to go ahead. If the contractor stuffs up you have no contractual comeback against them.

If it’s your land and they have the right of access to get to their own drive. They do not have the right to replace your drive, or anything else in your land. You need to tell them very firmly.
We don’t want our drive replaced. If you want to do yours that’s fine, but ours will be staying as it is.
Give an inch and they will take a mile. They are trying it on because you are new. Start as you mean to go on.

So they are not asking you to contribute in any way? Is it in your and their deeds that they have right of access? Paving/tarmac it at their expense with your permission has minimal legal impact if there is already a clear easement (their right to access) in place. However, it must be made sure that the driveway is not altered in any way or impede YOUR access to it. They need your permission to do it, so that’s the time to ask exactly what they are doing, design and materials used, and see it in writing.

So to be clear, they want to replace both driveways entirely and are willing to pay the whole bill without reimbursement from you?

Is replacing the driveway on your list of home repairs, just not a priority, or is it perfectly ok for the foreseeable?

As it should be a joint decision, what does your husband think? Personally, I'd not be against it in principle, so long as everyone was in clear agreement and I was also involved in decisions with the contractor.

Where is the diagram @HedgeWoes ?????

You know the rules

@MrsMitford3 the neighbors is at the top in my attempt at a diagram we each have a detached house and garage. I’m at the bottom.
Its kind of from overhead.
My husband things it’s fine and if they want to pay let them but I’m not sure about it

So is it your road the whole way down middle of diagram? which bit are proposing to tarmac? how do they plan on blending with yours?

This. It’s your property. It’s fine for you. Their opinion doesn’t count unless their cars are at risk of damage or people could trip up.

Why can't they widen the entrance to their drive? From the picture, it doesn't look like they HAVE to drive on your land.

This sounds like it has “mess” written all over it.

It’s your land. Under no circumstances would I give up control of my land that I pay for and I have legal responsibility for.

The drive is in my opinion completely fine it’s not new it is 35 years old but it does the job. It’s definitely not on the list of things to be done for maybe 10 years and even then I think block paving is nice.
The curved area on their side is currently grassed and has a fence around it. They intend to remove the grass cover it with tarmac and cover the area on their side with the lines and my side with the hashed lines.
The entrance to the drive is opposite to my house we both turn in there and then they go to their parking infront of their garage and we go to ours. I don’t think their plan includes our parking.
All the houses on the development have shared drives I don’t know if it’s some sort of planning thing I guess they could make their own entrance from the road but perhaps it’s not allowed I don’t know.
The line in the picture is the boundary between our houses.

I’d say no to them doing anything on any land you own.

In that case, I've changed my mind.

They want it to look like THEY own the majority of the drive as the main section in the middle will match their driveway, but don't care about the whole area (your parking) matching.

Thanks, but no thanks.

It's a slippery slope @HedgeWoes they are def pushing in here-taking proprietary interest in YOUR drive.

Funny they didn't do it in the time between the 90's and now.
It's because you are new and they hope you are nice and naive.
Assume the ppl there before you didn't allow it.

Say no!!

I don't understand the diagram, but it doesn't matter, the answer is no.

If the contractors mess something up, damage your land or do a shoddy job that results in car damage or someone having an accident or it needs redoing, you don't have a contract with them and it might be difficult to get redress.

If you have free legal advice with your house insurance it might be worth a chat - then you can tell the neighbour you've taken legal advice when you tell them no.

And if they want to replace nice looking block pavements with tarmac, double No

This post reminds me of my late parents mantra - 'never buy a house with a shared drive' Sorry OP I know this is not helpful - you need to take control over the maintenance of the drive, in your own time frames. This looks like one of the 'old farts brigade' trying to take advantage of new neighbours.