Shared driveway issues

Megandlg

Hi all, looking for some advice about a house we are thinking of buying. We are new to all this as FTBs so all help would be welcomed!
The house is a semi-detached, purchased from the council in 2000 using rent to buy, according to the deeds. There is a driveway in between this and the neighbouring property, and a neighbour has advised us that this was previously a shared driveway but now belongs to the neighbour who has been charging the vendor ‘ground rent‘ to use it for access to his garden.
I have downloaded the title deeds and plan which indicates that this driveway is not part of the land for the house we are considering.the title deeds have this paragraph however- can anybody clarify for me whether this does give use of this driveway for access without paying rent to the neighbour? The legalese is making me uncertain.

EXCEPT AND RESERVING unto the Vendors and their successors in title at all times hereafter the full and free right of using the adjacent or neighbouring land for all purposes without any restrictions including using thereof by the conversion of appropriation at any time hereafter of such land for building or other purposes obstructive or otherwise and in particular without regard to obstruction of light or air to buildings erected or to be erected on the said land hereby conveyed AND ALSO EXCEPT AND RESERVING unto the Vendors the free running of water and soil from any other property through and along the free use of all sewers drains watercourses gas and water pipes and electric cables made or laid or to be made or laid in through or under the said land hereby conveyed.

Thanks in advance for your help!

princeofpounds

1) Ask your solicitor about the situation - it's what they are there for. If you really aren't that far along, you can try asking the EA for more written information about the right of way situation; they should be able to send you the clauses in the deeds that relate to it.


2) This does not appear to relate directly to the driveway. We obviously can't see the whole thing and usually that matters, as the clause is referring to things not shown.


Clauses like these normally make it clear that your neighbor (or maybe you, depending on who it applies to) have the right to pass utilities, access the land for maintenance purposes, build on their own land etc.


The only thing that makes me pause is the 'all purposes' part:
"the full and free right of using the adjacent or neighbouring land for all purposes without any restrictions ". But you'd have to be a lawyer to understand what that has been held to mean in courts over the years.


3) Download your neighbour's deeds too, as these may have more information about the driveway. You could even talk to the neighbour about it.


4) Beware shared driveways. They are often a flashpoint. In particular, if the neighbor has been happily charging money for access, and then finds out he can't, he's not going to be happy. And if he can, then your property is landlocked without paying for the license, so you'd better make sure it's watertight.


You might want to go ask the folks at gardenlaw rights of way forum.

davidmcn

I suspect the driveway "ground rent" is just some informal agreement with the neighbour rather than a right you can rely on.

The title deeds clause you're quoting isn't relevant - it's talking about rights reserved in favour of the original vendors i.e. the council.

Paully28

run away from the property unless it is a dream location and place.

davidmcn

Paully28 wrote: »

run away from the property unless it is a dream location and place.

I don't see why, unless the access over the neighbour's property is essential?

shinytop

Paully28 wrote: »

run away from the property unless it is a dream location and place.

Why? My house has a shared drive. One of the two houses behind us own it and are responsible for maintaining it. I and future occupiers of my house have free access forever. It's the detail that's important, not the principle.

bouicca21

I think OP should download the neighbour’s deeds to see if there is a mention of a ROW. I think (but check with solicitor) that the clause was intended to allow the council to build more houses. I don’t think it provides a ROW so OP would be at the mercy of the neighbour unless there is another access.

Takmon

shinytop wrote: »

Why? My house has a shared drive. One of the two houses behind us own it and are responsible for maintaining it. I and future occupiers of my house have free access forever. It's the detail that's important, not the principle.

It all sounds great until you get a maintenance issue with the driveway which causes you problems when accessing your home and the person responsible for maintenance doesn't want to repair it.
Or maybe they decide to park a car stopping you from accessing your house or store items on the driveway that make it difficult to access your house. It's easy to say you can take legal action against them but it will cost money and is stressful and it makes it worse that your falling out with neighbor's.

Davesnave

Takmon wrote: »

It all sounds great until you get a maintenance issue with the driveway which causes you problems when accessing your home and the person responsible for maintenance doesn't want to repair it.
Or maybe they decide to park a car stopping you from accessing your house or store items on the driveway that make it difficult to access your house. It's easy to say you can take legal action against them but it will cost money and is stressful and it makes it worse that your falling out with neighbor's.

Yes, all these things might happen in some situations but you are not giving any weight to the poster's valid point that "It's the detail that's important, not the principle."

Without the facts here, which are still somewhat lacking, no one can be sure whether there is a real problem or not. If there is, well and good, it could be time to reconsider, but it's a little premature to write off this or any other shared access property.

I've been sharing an access for many years now. Occasionally, slightly annoying things happen, but not so much that I've bothered to do anything about it, which I could very easily, as my deeds provide for half a dozen more access points if I want them! Part of the problem with sharing anything resides inside people's heads, especially those who only see the world in terms of black & white.

shinytop

Takmon wrote: »

It all sounds great until you get a maintenance issue with the driveway which causes you problems when accessing your home and the person responsible for maintenance doesn't want to repair it.
Or maybe they decide to park a car stopping you from accessing your house or store items on the driveway that make it difficult to access your house. It's easy to say you can take legal action against them but it will cost money and is stressful and it makes it worse that your falling out with neighbor's.

Well in my case the owner paid for part of the drive to be tarmac'd. I paid nothing. If they parked so that I couldn't get in then they'd be 50 metres from their own house. I'm not sure why they'd do that. The people who are buying our house seem relaxed about it too. As I said it's the detail that matters.

shinytop

Takmon wrote: »

It all sounds great until you get a maintenance issue with the driveway which causes you problems when accessing your home and the person responsible for maintenance doesn't want to repair it.
Or maybe they decide to park a car stopping you from accessing your house or store items on the driveway that make it difficult to access your house. It's easy to say you can take legal action against them but it will cost money and is stressful and it makes it worse that your falling out with neighbor's.

Well in my case the owner paid for part of the drive to be tarmac'd. I paid nothing. If they parked so that I couldn't get in then they'd be 50 metres from their own house. I'm not sure why they'd do that. Too tell the truth, it's me who mormally causes any issues. . As I said it's the detail that matters.