Shared Accessway Responsibility

fatboyonadiet

So I own a property in England with a shared accessway to allow people to get their bins out

Someone has stolen the york stone on the accessway so the pathway needs re-doing, with concrete being the cheapest option

One of the neighbours has agreed to split the cost with me, but the other 2 properties are rented, I know the agencies who have said they'll put the cost to the landlord but no response as of yet

The cost isn't huge, but I'd still not be the one who pays for it so wanted to check what their legal obligations are for maintenance and responsibility of the pathway

If it helps, it goes house 1, house 2, house 3, shared accessway and then house 4 (mine). House 1 and 2 are both owned by landlords

user1977

What do everybody's title deeds say about it?

Mojisola

Is it a shared access or do you own it with the other properties having a right of way over it?

fatboyonadiet

Ah, not sure, I need to dig out my original deeds to be sure, if it's the latter, am I responsible then?

pinkshoes

Check your deeds. I live in a close and 2 houses have a right of access over the back of my driveway. (I can still park 4 cars so it was not an issue).

My deeds state that we are liable to keep the "shared" bit of drive in good maintenance but all 3 houses are equally liable for the cost. So basically if the driveway starts breaking up, I need to go get quotes to get it repaired and get the work done, then I can bill the other two houses  for their share.

Whether or not I can refuse them access over the shared it if they don't pay is another matter! I assume not, but as it is written in my deeds they must pay, then it would just be a simple case of letter before action and court if they refuse. I can't see an issue though.

canaldumidi

Depends who actually owns the alley, as opposed to having a right to use it, and also what deeds exist (if any) specifying  who is liable for maintenance.

Without checking the ownership, and reading the title deeds of all 4 properties, we would all just be guessing.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

Gavin83

pinkshoes said:

Check your deeds. I live in a close and 2 houses have a right of access over the back of my driveway. (I can still park 4 cars so it was not an issue).

My deeds state that we are liable to keep the "shared" bit of drive in good maintenance but all 3 houses are equally liable for the cost. So basically if the driveway starts breaking up, I need to go get quotes to get it repaired and get the work done, then I can bill the other two houses  for their share.

Whether or not I can refuse them access over the shared it if they don't pay is another matter! I assume not, but as it is written in my deeds they must pay, then it would just be a simple case of letter before action and court if they refuse. I can't see an issue though.

Are you sure that’s how it works? If they’re liable for the upkeep I would assume you’d need their permission to start any work rather than just doing it when you want and then retrospectively charge them for it.

Shared driveways/roads are notoriously legally problematic. I live on one which is shared between 3 houses officially in the deeds. However should it require repair I expect it to be difficult, especially given one house actually has no right to use it anyway. I’ve genuinely no idea why it states them responsible for the upkeep.

canaldumidi

Gavin83 said:

pinkshoes said:

Check your deeds. I live in a close and 2 houses have a right of access over the back of my driveway. (I can still park 4 cars so it was not an issue).

My deeds state that we are liable to keep the "shared" bit of drive in good maintenance but all 3 houses are equally liable for the cost. So basically if the driveway starts breaking up, I need to go get quotes to get it repaired and get the work done, then I can bill the other two houses  for their share.

Whether or not I can refuse them access over the shared it if they don't pay is another matter! I assume not, but as it is written in my deeds they must pay, then it would just be a simple case of letter before action and court if they refuse. I can't see an issue though.

Are you sure that’s how it works? If they’re liable for the upkeep I would assume you’d need their permission to start any work rather than just doing it when you want and then retrospectively charge them for it.

It would depend a) on the exact wording of the relevant deeds/covenants, and/or b) on the test of 'reasonableness'.

Obviously a farmers rutted track leading to fields, with a couple of houses along it, could not be upgraded by the owner/ farmer to tarmacadam built on motorway style foundations and billed to the house-owners.

An extreme example, but you get the idea.

fatboyonadiet

I can't find the original deeds, although I need to check in my loft yet. I've purchased the ones online and it doesn't mention the accessway, however within what is marked as the boundary, it includes the accessway as my house goes over some of it, the bit between the houses

canaldumidi

If your title plan shows the alleyway as within your boundary, then you own it.

The fact that there is no mention of any rights of others to use it is suggestive but inconclusive. Does the Title document refer anywhere to any other related Deeds or Conveyances, and if so, are they marked 'file copied' meaning you can apply for them using Form OC2 + £7.

Form OC2 - GOV.UK

You should also look at the titles documents of the other properties to see if they contai rights to use you alleyway.

martindow

fatboyonadiet said:

I can't find the original deeds, although I need to check in my loft yet. I've purchased the ones online and it doesn't mention the accessway, however within what is marked as the boundary, it includes the accessway as my house goes over some of it, the bit between the houses

I'm not sure that this absolutely determines ownership of the alleyway, as the part of the OP's house could be a flying freehold.