Private access to shared drive

LizMcCammon

Please can anyone help?
Basically, row of 5 homes owned and bought by 3 men 60years ago (2/1/2), split ownership of lane that went round the back equally, but noone owned the bit by their home so noone could block others/extend etc. Passed down through family, lane is still split into 3. Owner of end 2 homes died, passed to grandson. He sold one home to a holiday maker, but did not sell HM part of the lane, just gave HM permission to use it. He did not speak to the other 2 land owners...at all!!
The new neighbour (who doesn't own part of the lane) is now demanding it be widened and block paved and 50yr old  trees cut down to allow her air bnb guests access to park, because there isn't road side parking... there has never been vehicular access issues, there's been caravanettes and large vehicles owned and driven round the back for decades with no problems.
My question is, where do we stand legally, and what do we have to do. Previously any works needed was done and split 3 ways, now the one demanding work be done doesn't own the land and neither land owners want the work done. It cannot be widened without reducing gardens own land owners. HM first introduced themselves by saying property will be their getaway home, no mention of air bnb...now log fires in the garden every single day and different cars trying to drive around the back causing damage weekly.

Any help greatly appreciated!!

molerat

You need to see the title deeds of all the properties to check what rights and responsibilities the owners of each have.  It is likely the HM has been conveyed the right to pass over the lane in condition as is but that should be conveyed in the title. That title should also state if that right applies to motor vehicles. They will have no right to demand anything is done to the lane as long as it is kept in a safe condition for them to pass over.  What damage are these vehicles causing ?

Grumpy_chap

LizMcCammon said:

Please can anyone help?
Basically, row of 5 homes owned and bought by 3 men 60years ago (2/1/2), split ownership of lane that went round the back equally, but noone owned the bit by their home so noone could block others/extend etc. Passed down through family, lane is still split into 3. Owner of end 2 homes died, passed to grandson. He sold one home to a holiday maker, but did not sell HM part of the lane, just gave HM permission to use it. He did not speak to the other 2 land owners...at all!!
The new neighbour (who doesn't own part of the lane) is now demanding it be widened and block paved and 50yr old  trees cut down to allow her air bnb guests access to park, because there isn't road side parking... there has never been vehicular access issues, there's been caravanettes and large vehicles owned and driven round the back for decades with no problems.
My question is, where do we stand legally, and what do we have to do. Previously any works needed was done and split 3 ways, now the one demanding work be done doesn't own the land and neither land owners want the work done. It cannot be widened without reducing gardens own land owners. HM first introduced themselves by saying property will be their getaway home, no mention of air bnb...now log fires in the garden every single day and different cars trying to drive around the back causing damage weekly.

Any help greatly appreciated!!

From what has been written, the end home has the right to pass and repass with a motor vehicle along the lane.  Whether the deeds represent that is to be confirmed.

Right to pass and repass does imply a certain level of maintenance, but that would not extend to widening the lane beyond the original extents, nor upgrading the surface to a higher standard than the original baseline.  Typically, hardcore in two strips with a grass centre kept short by usage.

The owner of the end property can demand anything they wish.  They can only enforce anything as per the deeds / agreement to allow them to pass and repass with a motor vehicle.
What do the deeds / agreement say?

Dustyevsky

molerat said:

You need to see the title deeds of all the properties to check what rights and responsibilities the owners of each have.  It is likely the HM has been conveyed the right to pass over the lane in condition as is but that should be conveyed in the title. That title should also state if that right applies to motor vehicles. They will have no right to demand anything is done to the lane as long as it is kept in a safe condition for them to pass over.  What damage are these vehicles causing ?

While agreeing with the above, as the lane has been used for vehicle access for 20+ years, it is virtually certain a prescriptive right now exists to use it in that way.

Anyone possessing a right of access, has the right to improve the surface over which it passes, to make it suitable for the use intended. They do not have the right to demand the landowner funds any part of this.