Do we need insurance for a shared driveway?

KarenStew88

We have a shared driveway to access the garage at the back of our house. We share this driveway with around 40+ other residents, over 7 difference entrances on our block of terrace houses.

The shared driveway is part of the deeds to the house and we all own the land jointly. The deeds don't show the property's boundary actually sharing the strip of land, we just all have access to it to get to our garages.

We are trying to deter burglars by putting up gates to the alleyways. We've had it checked out and it all seems OK legally but someone has mentioned insurance. Do we need separate insurance or does any damage caused by the gates/the gates themselves come under the house insurance? Where do I go to get this type of insurance and does anyone have any experience in asking neighbours to pay it! I'm so confused I don't see how we can make this work?

missile

I am not sure what damage do you perceive these gates will cause, i.e. what risk do you want to insure against? Perhaps a bollard would be more appropriate?

There should be a joint policy to cover communal property. This should be held by your leaseholder / factor.

unforeseen

How can the land be on the deeds of one house but owned jointly?

Do you mean that it is on the deeds of one house but everybody else has a ROW over it?

Or, owned by a third party (freeholder etc) and everybody has a ROW?

GDB2222

There's the proverbial open manhole that somebody falls down. That's really the only insurance you need for the land, i.e. Public liability.

Plus buildings insurance for the garages themselves, if you want it. But a garage is not very expensive to build.

I don't see that having gates make any difference.

You may already have public liability insurance with your house and contents insurance.

KarenStew88

The deeds states that everyone has ROW over the land but doesn't state who owns it, there's no covenant etc. All the properties are freehold so there's no lease owner and no resident's association.

The neighbours think that the gates might damage someone's car/fall on someone etc but I agree, having a gate there is no different to using the alleys at the moment. The council have said we need to make sure that insurance is in place, but I'm assuming that it's public liability insurance???

GDB2222

Yes, it's public liability insurance. That's needed both by the owner of the land and the occupiers. If nobody you know owns the land you don't need to worry about that - that's their worry. But, as occupiers, you do need to worry. However, it may already be covered by your house/contents cover - check with your insurers, in writing.

Annie1960

KarenStew88 wrote: »

The deeds states that everyone has ROW over the land but doesn't state who owns it, there's no covenant etc. All the properties are freehold so there's no lease owner and no resident's association.

The neighbours think that the gates might damage someone's car/fall on someone etc but I agree, having a gate there is no different to using the alleys at the moment. The council have said we need to make sure that insurance is in place, but I'm assuming that it's public liability insurance???

Perhaps you could ask the council to clarify what type of insurance they want you to have. You could also ring your own insurance company and get neighbours to ring theirs to ask them what is required.