Shared Driveways - Insurance for me and public

Sea_Shell

What would probably happen, if someone were injured or suffered damage, they'd look at claiming against both properties, if ownership wasn't obvious.

Each party would then pass any correspondence to their insurance and let them deal or refute as necessary.

bo_rai_cho

DoaM wrote: »

You say Shared Driveway ... do you actually mean Shared Access Road? (i.e. the road into the estate ... a driveway is typically somewhere off-street for parking vehicles or accessing a parking space/garage).

I just googled the difference and it is a Shared Access Road. Sorry for the confusion.

To answer some of the other questions, it is in our deed that all the owners on the street have to pay equally to maintain it.

I guess what I'm thinking is, what can I do to make sure I'm protected for any incidents on this road, is there anything other people check for clauses in their insurance policies for Shared Access Roads?

davidmcn

bo_rai_cho wrote: »

I just googled the difference and it is a Shared Access Road. Sorry for the confusion.

To answer some of the other questions, it is in our deed that all the owners on the street have to pay equally to maintain it.

I guess what I'm thinking is, what can I do to make sure I'm protected for any incidents on this road, is there anything other people check for clauses in their insurance policies for Shared Access Roads?

You still haven't told us who the owner is. I would expect the owner to be liable if there were any relevant claims. I doubt you would be liable to third parties just because you contribute to maintenance costs - but like we said, generally your insurance would cover you for third party liability related to your property.

G_M

bo_rai_cho wrote: »

I just googled the difference and it is a Shared Access Road. Sorry for the confusion.

To answer some of the other questions, it is in our deed that all the owners on the street have to pay equally to maintain it.

I guess what I'm thinking is, what can I do to make sure I'm protected for any incidents on this road, is there anything other people check for clauses in their insurance policies for Shared Access Roads?

In your Plan of your deeds, does the road fall within the boundary (usualy red) of your property? ie you own it?


Or does it have it's own registration? If so, who owns that?


You have still not identified the owner, beyond the legally meaningless phrase 'shared ownership'.


Maintenance is a separate matter. Not entirely irrelevant, but definately separate.

bo_rai_cho

In the title deed it just has my house plot as my area and the neighbours as their plot. The part infront of the neighbours drive includes some part of the shared drive. Mine includes some part of the shared drive.

However what is throwing me is that there is a clause in the deed that says all properties on the drive have "shared" ownership of the drive and have to split costs of repairs.

So in terms of ownership it says we all own it.

G_M

Please quote everything it says, in full, providing context ie where exactly you are quoting from. eg by 'deed' do you mean the Land registry Title, or a separate document? If the latter, what document?
Having said that:

bo_rai_cho wrote: »

In the title deed it just has my house plot as my area and the neighbours as their plot. The part infront of the neighbours drive includes some part of the shared drive.
So the neighbour owns this bit of 'shared' road since it falls within the boundary of their property.

Mine includes some part of the shared drive.
So you owns this bit of 'shared' road since it falls within the boundary of your property. Though I then don't understand why you say above "it just has my house plot as my area". Does your Plan include part of the road? Yes or no?

However what is throwing me is that there is a clause in the deed that says all properties on the drive have "shared" ownership of the drive and have to split costs of repairs.
My guess is that there is a separate Deed (not just the LR Title) which specifies for example, your right to drive over the neignbour's bit of land (and vice verse), and your obligation to pay share of the maintenance.

So in terms of ownership it says we all own it.

No - it seems it does not!

As always with legal matters, the detail is what matters.Please provide quotes of all documents in full. Only then can you get sensible (and hopefully accurate) legal advice.