Shared access/driveway.

Kaeuqs

We are in the process of purchasing a house in the county. Our solicitor has identified a number of issues associated with the driveway/access.

It has been made clear that the driveway is owned by the house that we are buying. The other houses on the drive have access rights. The only terms in the contract regarding the maintenance is that they have to pay "a fair proportion of the maintenance costs".

The access is a tarmac-ed road approx 400m long, so I guess the cost of maintenance over the years will not be insignificant, and therefore, I feel a little concerned about the ambiguity of the terms in the contract.

Similarly, the water to the properties comes through one water meter at the head of the access track. This meter is the interface with the water supplier. The contract with the water supply company is with the house that we are purchasing. The other houses have water meters. From the sounds of it, we are liable for the payment to the water company, for the water used by all the properties, and that I then recover payment from the other properties based upon their individual water meters. There is no contract as far as I understand, more a gentleman's agreement. They pay a "fair proportion" of the maintenance of the water supply line.....but not the cost of the lost water (this apparently is borne 100% by the property we are purchasing)

Both "arrangements" seem to be "less than satisfactory". What are other people's opinions? Is it a "show stopper" issue? Do other people have similar arrangements?

To put it into context, it has taken 18 months to find a property, so, if we pull out of the purchase (aside from the costs already incurred) there would be the issue of having to start again with the house hunting.

poppysarah

Oh sounds like it could have issues at some point.

I'd want it in writing that there have been no problems with getting people to pay for their water up to now.

TrickyDicky101

Personally, I would be concerned by this: it's all very well when the neighbours get along and are friendly, but what happens when one decides to sell up and the next owner isn't so accommodating. I would want arrangements written in stone and completely airtight before I would proceed.

POPPYOSCAR

It all depends on if you could live with any potential problems.I know I could not.

As others have said it might have been ok up to now(it also might not have been) but new owners of the properties might not be so co-operative in the future.

The guy who collected the maintenance money for our road gave up in the end and he got us all paying for our water direct to the water company as well.

hazyjo

I agree with the above, this needs to be made completely airtight or you're only asking for future problems.

Lots about shared driveway problems on this forum. Personally, hubby and I would avoid them at all costs, but obviously not everyone would. Definitely alienates a proportion of the market though so do take future selling into consideration.

Good luck.

Jx

Kaeuqs

Thanks for the responses. They were pretty much in line with my thoughts, ie it could be an issue when re-selling/could be an issue when trying to get people to put hands in their pockets.

Do you think it is a deal breaker as it stands at the moment? Or a negotiation point? Or something to sort out once we're in the house?

poppysarah

Sort before you buy the house. Seriously. You don't want to move in to discover you now owe £12000 in water rates and no one will pay you.

RAS

Your vendor needs to sort this out.

I know that when someone bought a house, the deal breaker was if the drive was indeed entirely the responsibility of the other house, as they were not prepared to cover the costs of the repairs.

Bear in mind also that if anyone has an accident on the drive, you will be liable for any damages. Check how much the insurance will cost. Ask the vendor and check with NFU as they are used to these sort of complex situations.

TrickyDicky101

How could you sort it once you're in the house? That's like shutting the barn door after the horse has bolted!

RobertoMoir

Kaeuqs wrote: »

Thanks for the responses. They were pretty much in line with my thoughts, ie it could be an issue when re-selling/could be an issue when trying to get people to put hands in their pockets.

Do you think it is a deal breaker as it stands at the moment? Or a negotiation point? Or something to sort out once we're in the house?

It's your decision, obviously based on how much the house is your most dreamiest of dream houses, but if it were my decision, I'd be busy re-arranging the words "barge", "wouldn't", "ten", "a", "pole", "touch", "foot" and "with" into a common phrase or saying right now.

Let someone else sort the problem out. Ideally the seller will sort it out then you can go back to buying it, but either way why go looking for trouble. This has 'long painful neighbour dispute', 'lots of money spent on legal fees' and 'house you can't sell when its time to move' written all over it.

liubeliu

If you like the house so much I would enquire whether the drive could be transferred to a new management company by the present owners prior to purchase (all house owners being directors), this should take care of the maintenance. The remit could also cover the water with the water company billing the management company and all households settling there portion of the bill with the management company. Clearly buy in of all the owners of the other houses would be needed so probably not a quick fix

Otherwise is the house worth the potential problems?