Shared Driveway - Paper or No Paper?

Gorie

Hello

I live in a house on a courtyard (not as posh as it sounds) shared with three other houses. The largest house is made up of three apartments - all owned by the same landlord.

At present my deed does not mention contribution towards the shared driveway (which is paved and looks OK - needs a little work) however the landlord of the large house has approached and requested I pay an annual maintenance fee of £175 for 'structural repair and de-weeding' of the communal driveway.

I had always assumed that we would just arrange equal contributions for the little work that occasionally needs doing, however I wonder whether adding an annual maintenance fee to the deed is a good idea?

I have heard that annual charges can put some people off buying a house or decrease the homes value?

However it was mentioned to me that such a 'contract' would mean I could forget about the communal drive and legally obliges the owner of the large house to maintain the drive whatever needs doing?

What should I do:question:

moneyistooshorttomention

Probably not that unreasonable an amount in the event, though a bit of a shock if its never been mentioned before.

There is a similar situation nearby, whereby I was asking a resident of a nearby fair-size private road about their maintenance costs and they said it was £100 per household per year (because they have a Residents Association).

I will be moving shortly to a private road and my understanding is that money will be "coughed up" on an "as and when" basis to maintain the road surface and I'm anticipating it will be less than £100 per year on average on a worst case analysis that I will have to find in the event. Thus a rather less formal approach...

G_M

What is the current wording of the Deed?

Who owns the drive?

Who has Right Of Way over the drive?

How long is the drive and what might be a reasobale annual maintenance cost (eg weeding)?

Is it proposed this annual fee would build up a sinking fund for major future repairs/re-surfacing?

As for future purchasers, they are more likely to want a sensible arrangement in place, than have their solicitor warn them the maintenance is not arranged, may be a future problem, may lead to delapidation etc.....

Gorie

Thanks for the quick replies!

At present the owner of the large house actually owns the drive area, however I have a right of access to my garage and parking space in front of my house.

I think an annual weeding cost would be around £50 - £100 total for weedkiller spray but with labour and other things, maybe he was planning a sinking fund.

Either way he is a nice guy and is happy either way - we can put it in writing or can just work it out on an informal basis?

When I purchased the house I was informed as the land was his and I had a right of access he had to maintain it and I was in a good position there being no written agreement. I guess my main concern is what would any future buyer want? An annual commitment or no formal agreement as they would not own the land anyway?

G_M

So the drive belongs to X, and you have a ROW.

What document gives you this ROW?

What exactly does the document say?

If it simply gives you the benefit of a ROW, without imposing any obligation regarding maintenance, then why would you want to pay?

mark?_3

so if you're contributing £175. as it's shard, his 3 other properties should be contributing the same amount, therefore he's got an annual maintenance budget of £700... for a driveway!!! I think you're being had. Even if you assume a total re-lay of the courtyard every 10-15, £175 a year (plus what ever inflation rate he decides to apply) seems too high.

Gorie

Thanks again for the Replies!

The title deeds to my house state that I have vehicular right of access to my garage off the yard. That is the only part that grants me access, I am not sure who, if anyone, has right of way?

The shared space is actually 455 square meters so quite large. I do agree that £175 per year is perhaps too much, I may just contribute to these repairs and not have this written into the contract. He is open to both - I just wondered whether the absence of such an agreement would put people off.

At present I do not have to pay, however as I do use the area I feel its only fair I contribute for my share (but I won't be ripped off). Plus its of benefit to have a good relationship with him and the presentation of the Courtyard will surely affect the future value of my home.

G_M

'Blood.... stone....'

What document do you mean by 'Title Deeds'? Is this in the Land Registry Title? Which section? What exact words?

In 95% of cases, this is simply a reference to an older document which actually granted the right (perhaps dated when the property was built? Or first sold off from a larger Title?

You then need to read THAT document to see exactly what rights, and obligations, are involved.

I repeat/re-emphasise my advice:

If it simply gives you the benefit of a ROW, without imposing any obligation regarding maintenance, then why would you want to pay?

If your property benefits from a Right, without imposing an Obligation, why voluntarily give this away? All you are doing is reducing the value of your property by increasing the costs for yourself, and any future owner.

Of course, ultimately it is uptoyou to decide if 'good relations' outweigh that cost.

But why not request something in return? I don't know, maybe a 2nd parking space? Or additional lighting (at his expence), or use between specific times of his swimming pool..... whatever!