Shared lane - is there a difference in law between upkeep and improvement?

spoofboy

Title says it all. We own a house and have access to a shared drive with four neighbours, one of whom actually owns the drive.

Deeds say we must pay equal upkeep of the drive, I have no issue with that. However, the drive owner wants to re-lay the drive with materials far more substantial than what's already there. Looks like an improvement to his asset to me, so not sure if I want to pay for it. I have no issue with paying for ongoing maintenance which may be £100 per year, but a £12k improvement is stretching things a little too far in my opinion.

Anyone know whether there is a legal distinction between upkeep and improvement for this scenario?

maninthestreet

Is the driveway in need of repair??

DVardysShadow

spoofboy wrote: »

Anyone know whether there is a legal distinction between upkeep and improvement for this scenario?

The term you are looking for is 'betterment' - and I think it applies to your situation, so that may help you do the research.

On this forum it is usually used when discussing the return of a rental deposit, where a principle similar to the one you are looking for applies. If for example a tenant creates a wine stain on a 5 year old carpet, the Landlord is entitled to deduct the cost of a replacement carpet from the deposit. But at 5 years old, allowing for fair wear and tear, the carpet is nearly life expired. So if a Landlord charged the full price of a new carpet, this would be classed as betterment and the full claim would not be upheld.

G_M

I think there is a clear distinction between upkeep - ie maintaining the drive in its original condition using similar materials for example filling in potholes in a gravel drive -; and improvement - for example tarmacking a gravel drive.

If you are being asked for a share of £12K, ask for copy of the quote showing exactly what work is proposed, and also ask for sight of the (minimum) 2 other quotes the owner obtained for comparison.

I would also go have a chat with the other 2 neighbours and see how they feel. Safety in numbers!!

spoofboy

All

Thanks for your replies so far. A little more information which may help:

The drive is in constant need of repair, but this is generally pothole filling etc as it is not tarmacked. However, I feel that the original charm of the lane and our surroundings will be lost by the improvement process. The drive has in fact existed for well over a century and has always been maintained by a bit of elbow grease as and when required.

We have been provided with three quotes for the work which needs to be done, two of the quotes are just for laying reclaimed hardcore and the (preferred) option is more of an all singing, all dancing treatment for weeds, proper underlaying etc so in fact we have not been able to compare like-for-like quotes. The owners believe the cheaper options may not last more than three years, while the better option will last at least 20.

Both the other neighbours have had disputes with the driveway owner (not driveway related) in recent years. Their heckles are already up and have effectively told the owners that they are not interested in this work being done. I have no reason to get involved with anyone else's fight, and am seeking reasons of my own to resist spending this money. It is important for me to remain unswayed by my other neighbours who may have ulterior motives.

For info I get along fine with all the neighbours. I was very disappointed that this significant investment was originally relayed to everyone by post - when I drafted my response I went to each of the neighbours and talked them through it. I believe the original approach was used because of ongoing disputes, but in any case it's not my style to respond to something emotive by letter alone. I have suggested we all subscribe to face-to-face meetings in the future which I think has gone down like a cup of cold sick from all other parties, but in my opinion we need this if we want to move forward in whichever direction.

I also feel that if I have no legal recourse and somehow the work does get agreed (highly unlikely) that I would seek a significant guarantee from any company who wishes to spout on about how their new drive would last for 20 years. They cannot give us throwaway comments like this in the hope it will sway us towards giving our business to them. However, I doubt that a 20 year guarantee would be forthcoming in which case I could throw cold water on their claims if they are not willing to back them up.

DVardysShadow

I know your question is not technical, but bear with me. I would be concerned that the proposed solution makes the problem go away for a few years, so some benefit, but then lands you with a much higher maintenance burden. I would be concerned too that the solution might be vulnerable to frost heave etc form a cold winter and then you have an on going issue.

Now for the money involved, I might actually be expecting more of a say in what goes on and perhaps this is a time to consider sharing the maintenance and ownership more equally?

tanith

Its sounds to me like the other two owners aren't going to pay up for what they consider an 'over the top' betterment rather than a bog standard make do and mend so its not going to happen unless you and the owner pay the lions share. So unless you and the owner agree to do this then he isn't going to get approval from all of you and will either take the whole burden on himself or do whats usual.. make do and mend..

martindow

Isn't the reality that if three out of four people are unwilling to fork out large sums the expensive tarmac lane will only happen if this one person pays for it all themselves.

I would keep your head down and let things carry on as they are with pot hole filling with a few tons of scalpings every now and then. You don't want to get involved in anything that you would have to declare as a dispute if you ever sold in the future.