Shared driveway / Right of Way

Lob-Leg

Hi All.

I have read a few posts here but would value some bespoke advice. My house has a driveway to the front but also a garage at the back of the garden which is accessed via a lane shared by 7 properties. Our next door neighbour owns the land to the rear of their garden but in front of our garage but there is a right of way for me over his property. All of the other properties use this lane as their main drive since they have no other off-road parking.

I have 2 issues:

1. The owner of one property has written to us all saying that the road needs repairing and that the cost should be split equally. Since we have a drive to the front and our neighbour always parks behind his garden, we almost never use the lane. From other posts, confirming my thoughts, I feel it is unfair to split the cost equally. I dont mind paying something but not an equal share as we use the lane only a fraction of what the other residents do.

2. Because my neighbour parks on his land (behind his garden and in front of our garage), it effectively blocks access to our garage. He has said ( and has done so) that he will move his cars if we need access, but I would rather the access is clear. What rights do I have to a clear access 24 hours? should I protect the right of way in some way to ensure I do not lose it? I occasionally do use it for this purpose

Any advice would be gratefully received

Thanks

Steve

sismith42

on point 2: You have no case for getting a "discount because we rarely use this shared lane" if you ask for 24 hour access to your garage off the lane, and it's hipocritical to ask for access at all times but refuse to pay an equal share in maintaining the quality of this access.
on point 1: I'd say it's more neighbourly to pay an equal share...

Cheeky_Monkey

I presume this whole issue of shared access and your financial responsibility for it was covered in the Deeds to your house.
I would've expected your solicitor to make a point of advising you of the relevant clause when you bought the house.
I would imagine that you are all legally liable to pay an equal share for maintenance but I don't know that for sure. Is it possible for you to check it out with the solicitor who did the conveyancing?

Lob-Leg

Thanks for the replies.

sissmith42 - I agree with what you say about having both but if I can't secure a decent access arrangement then I won't be able to use it and therefore an equal share is (in my opinion) not reasonable. I would be more than happy to pay if there was free access as I would actually use it.

CM - The financial aspects were not covered in the deeds and not explained by the solicitor. As you say, a call to them may be helpful.

G_M

1) morally I would believe if all home-owners have a right of way, then they should all share the cost. The fact that one or more choose not to use it is your choice.
(I share a sceptic tank with my neighbour and we share the cost of periodic emptying. His is a family of 4. I live alone. So his home disproportionatly fills the tank - do you think I try to pay a 1/5th % of the cost? Of course not!)
Legally, if the respective deeds are silent, I would imagine a court (if it came to that) would rule equal shares.

2) If you have a right of way..... then you have a right of way and can insist on it. Again, if it came to a court action, you could obtain an injunction requiring him to keep it clear. But that really is a bit OTT! You hardly ever use it - be neighbourly! So long as he is willing to move his car without complaint on the rare occassions you need access I would advise not rocking the boat. You will not 'lose it'.

Wyndham

If you start arguing about how much someone uses the road, then (assuming it ends at your garage and is a cul-de-sac), then the first house always only uses the first bit of the road, the second house the first two bits and so on. If you're at the end, when you do use the road, you use the whole road, so could be said to use it more than other people

hallowitch

where i live there is a shared access road to garages and the rear entrance to the houses at the rear of property any repairs to this have to be paid by the home owners and users of the garages

however i live in the first house and i am NOT responsible for any repairs beyond the boundary's of my property

spandles

I would ask for an expert opinion/report on the condition of the driveway, to ascertain whether it needs relaying or just repairing, and at least quotes.

westv

G_M wrote: »

1)

I share a sceptic tank with my neighbour and we share the cost of periodic emptying. His is a family of 4. I live alone. So his home disproportionatly fills the tank - do you think I try to pay a 1/5th % of the cost? Of course not!)

In that particular instance I'd say, yes, you should pay less.

G_M

Originally Posted by G_M
1)

I share a sceptic tank with my neighbour and we share the cost of periodic emptying. His is a family of 4. I live alone. So his home disproportionatly fills the tank - do you think I try to pay a 1/5th % of the cost? Of course not!)

westv wrote: »

In that particular instance I'd say, yes, you should pay less.

What if I have regular guests to stay?

Or a partner moves in for 8.5 of the 12 month period?

Or one of the neighbour's kids goes to bording school so is away 3 times a year for 12 weeks a time? Or... or...

the maths is unthinkable!

The point surely is, that each of two properties has equal right to use the tank, irrespective of whether or how much they choose to use it. So the cost should be shard equally.

Lob-Leg

I think some people are missing the point - I dont use the access because it is blocked. I am asking for a legal standpoint, not a neighbourly opinion. I want either to use my access and pay the equal share or pay less because I cannot use the access. There are other threads on here that talk of maintenance costs being split in a fair and reasonable way and I think I am clear on that one.

Of course I dont want to rock the boat but I feel that if I am paying for the maintenance, I should get something for that money

There is far more detail that can be written concisely on here but if someone can offer legal view on the on the right of way issue, I would appreciate it so I can speak to my next door neighbour.

Thanks

Steve