How to dissolve the existing shared driveway (termination of easement)

Pakkun

Dear fellow MSEs,


I hope you knowledable people can help me on this.


My current house has a shared driveway with our neighbour. Each party owns 50% of its space and is happy to release easement as we think shared driveway may put off our potential buyers.


After some searching, I understand that we should put this in writing and record it by deed (though I must admit that I am yet to gain a full picture of how to proceed). Some websites also advise to get an real estate attorney involved. My question is, can the whole process be done by us (i.e., us and our neighbours) without involving attorney? Or is it best to leave it in a professional's hand?


I would really appreciate that if anyone who had gone through this process could share your experience and knowledge with me.


Best,


Pakkun

AdrianC

Pakkun wrote: »

Some websites also advise to get an real estate attorney involved.

Would those websites be American, by any chance?

moneyistooshorttomention

It sounds a good idea in principle to divide the currently shared drive into yours and theirs and with a wall or something in the middle to mark the boundaries.

In practice - is this communal drive wide enough to allow each house to have enough width for a car (including space for the car doors to open)?

Pakkun

Thank you for your quick reply.


AdrianC, it might be the case, though I cannot tell for sure from the web address. I take it that "attorney" is an American English. Am I right? (Sorry English is not my first language.)


moneyistooshorttomention, yes that is exactly our idea (putting a lowish wall in the middle). As for the size of the space, each will be able to park at least two cars on the driveway after terminating the easement.


Pakkun

TBagpuss

I'd suggest you speak to a solicitor. It's important to get it right, and if you and your neighbour are in agreement it should no be too complex or expensive.

Davesnave

You need to create a deed, which will appear as an amendment to both properties' title documents.

A solicitor can draw up the deed, and then it needs to be sent to the Land Registry for incorporation in both titles.

Pakkun

Dear TBagPuss and Davesnave,


Thank you for your advice. This might be a daft question but when you say 'solicitor,' should I look for one who is specialized in conveyance?


Best,


Pakkun

G_M

You need a solicitor, not a Licenced Conveyancer.

Most conveyancing solicitors should be able to draw up, and register, such a deed, but check when you ring round for quotes.

Which of you is proposing to give up their easement over the other's land? Are you giving it up (thus benefitting your neighbour), or is he giving up (to your benefit)?

And is one of you actually giving the other their 50% of the land (drive)? And/or simply giving up the easement over the land/(drive)?

Do either of you have a mortgage? If the one who is giving away their bit of land (and/or their easement over the other's land) has a mortgage, then the mortgage lender will need to grant consent (and they may refuse!).

The one giving up will also have to accept that the value of their property will drop. Are you (or your neighbour) happy about that?

As you can see, this may be more complicated, wih more implications, than you thought, but a solicitor should be able to advise.

If both you and your neighbour are in general agreement, and amicable, you should be able to use a single solicitor. But that solicitor is likely to advise that the other party gets their own solicitor. Whether you do, is up to the two of you.

Pakkun

Dear G_M, thank you for your reply. I will try finding a conveyancing solicitor then.

In response to your points (my answer in blue)

G_M wrote: »

Which of you is proposing to give up their easement over the other's land? Are you giving it up (thus benefitting your neighbour), or is he giving up (to your benefit)?

We first proposed this idea to our next door neighbor. Since both of us own 50% of the shared land and will give up easement over the other's land (after the termination, we will be the sole party to use our own land and our neighbor will have no access to is, and vice versa if this makes sense). Therefore, I believe that both will be giving up our own easement over other party's land but will benefit from regaining our own land's sole use.

And is one of you actually giving the other their 50% of the land (drive)? And/or simply giving up the easement over the land/(drive)?

No, because each already owns 50% of the shared land so no land will be transferred to other party, if this makes sense. Both already has a paved driveway in front of the house. While currently we need to use other party's area to access it but after dropping the curve, we should be able to access our own driveways without entering into the other party's land.

Do either of you have a mortgage? If the one who is giving away their bit of land (and/or their easement over the other's land) has a mortgage, then the mortgage lender will need to grant consent (and they may refuse!).

Yes, both houses are mortgaged. I hope our banks will not be difficult on this!

The one giving up will also have to accept that the value of their property will drop. Are you (or your neighbour) happy about that?

Hopefully this termination of easement will not devalue our houses as no land exchange is involved but simply releasing the existing easement. If I am wrong on this, we have to have a serious chat with our neighbour!

As you can see, this may be more complicated, wih more implications, than you thought, but a solicitor should be able to advise.

Yes, I need to discuss with our neighbour first but hope to instruct a solicitor to avoid any future problem.

If both you and your neighbour are in general agreement, and amicable, you should be able to use a single solicitor. But that solicitor is likely to advise that the other party gets their own solicitor. Whether you do, is up to the two of you.

OK. Thankfully, we are on a good term and see this opportunity as a good move for us all.


Thank you very much for the points you raised. I will definitely have a chat with our neighbours on them over a cup of tea and cake.

Best regards,

Pakkun