Agreeing to share drive - posible pitfalls

riverboat2001

Hi All,

not wanting to go into too many details.....

There is a fence (mine) that seperates our drive from next door.

We own the liion share of this dividing drive, if we agree to take the fence down so we can get a larger vehcle down the side and the neighbours could then also benefit from vehicle access to their drive, what would be the pitfalls?

Would they be able to gain adverse possesion?

DVardysShadow

Pitfalls? Neighbours from hell in the future, who don't understand the arrangement and take the mick.

PasturesNew

Having any form of shared drive can put some buyers off even viewing your house - so it could impact on your speed of sale and ultimate price in the future.

Also, some neighbours can be right 4rses, give an inch and they'll take a mile (and park on it).

hazyjo

Agree with above. We avoided all 'shared driveways' when looking. A compromise too far...

If it needs replacing, or general maintenance, who pays? Both? What if one can't afford it? In my experience, someone always 'just quickly parks' on the entire drive, or has visitors over and asks for it, or they have a caravan that won't fit in the garage at the end and they say 'just knock and we'll move it...'.

What if they have a great big vehicle that you feel does more damage to the driveway than yours... in fact, from your post, that might end up being you. What if they rarely use it and claim you should pay more to repair it, or that they're not willing to contribute.

If the neighbours are nice now, you won't know what the next lot might be like...

Jx

Doozergirl

Get it into the deeds. Mark off the boundaries and allocate a strip that they have right of way over. Ditto their deeds give you right of way for access only over a strip. It wouldn't be 'shared' land

They can't take possession of it, even if you just removed the fence, they could only establish the right of way, which is what they are also giving you, so it's mutual. Might as well formalise it now.

chris_m

If I were considering doing this (*) I'd strongly consider a properly drawn-up legal agreement specifying the use to which the drive may be put (eg access, not parking which blocks it to the other party) by both parties and stating that the agreement ceases if/when either party sells.
If adverse possession could be likely, maybe also set an expiry date prior to the time period that adverse possession could be claimed so that a new agreement would have to be made for the arrangements to continue.

(*) not that I would - as PasturesNew says, it can put some buyers off. When I'm planning on moving, a shared driveway would certainly make me look elsewhere.

princeofpounds

Go to teh neighbours from hell forum. Sign up. They have a whole section of the joys of shared drives and many many many stories of how it can go wrong.

Basically, if you have a reasonable neighbour then there will not be any problems. But if someone arrives who has a caravan, or wants to park in the wrong place, or do work on their car, or has multiple cars, or who doesn't even understand the concept... etc.

poppysarah

Put dropping bollards on. So when you need occaisional access with something bigger you just unlock and drop them.
Leave chain link fence as boundary.

Who's after having a BIG vehicle at the back on a regular basis?

westv

OP, is there any particular reason why you feel the need to reduce the area of your own private drive by sharing it?

riverboat2001

Basically, i have a largeish Mercedes van that will fit in the front garden easily, but i would prefer to park it in the back for insurance purposes, but it would be easier with no fence.

The EA was there the other day mumbling about how our part of the drive is bigger...!

We bought from the descendants of the original 1930's builder, and he put the fences up years ago.

Also i have a dropped kerb, and they don't. I'm not convinced they would get one easily due to a lampost being nearby, and they are right on a blind bend.


Both properties have ample room for three vehicles to park at the front, but EA mumbling about the fact that some-one came to view it and wants to build a garage at the back of their property, just made me think of what might happen....As it stands they wouldn't get anything bigger than a Fiesta or Mini down there!

My thoughts were to do it legally, so each has access but don't park on that bit. Each garden is different so it's obvious where the line is.

hazyjo

There's a thread on the first page of this forum saying about shared driveway problems... I read it earlier. if you can't find it, I'll go dig it out.

Jx