My property shares a driveway with a neighbor and the house was built around 1938. In the last five years, the driveway has deteriorated to the point that the asphalt surface no longer protects the driveway.
The problem I have is with my neighbor who is not willing to contribute to the repair or resurfacing of the driveway.
Is there a way to legally force you to support driveway maintenance?
I am reluctant to pay for all the resurfacing because it is a joint initiative.
Dire: A This is Money reader sent this image of his damaged shared post
This is Money’s Jane Denton responds: A shared driveway is a path to which more than one household needs access.
While some modern developers use them on new construction sites to save space, others predate the 1930s.
Some people who live on shared paths will never have difficulties, but for others they can be problematic.
You should carefully examine the title deeds to your property to verify who is responsible for what when it comes to the driveway or other shared spaces.
In your case, please note that different ownership models may apply, so you cannot assume anything.
Ideally, all parties involved would contribute and help pay for maintenance, but this is not always easy to achieve.
According to Checkatrade, creating a mutually agreed upon maintenance agreement for shared paths can help prevent disputes in the future.
Expert: Legal expert Hassan Dervish says there is no single answer to the reader’s question
Hassan Dervish, head of housing law at Duncan Lewis Solicitors, said: These problems are becoming more common, but there is no one-size-fits-all answer.
The good news is that yes, there may be a way to force your neighbor to contribute to the maintenance or even resurfacing of the shared path.
The first step is to examine the property titles and title records for both your property and that of your neighbor. This will clarify the ownership of the driveway and the rights and responsibilities each of you has.
You can examine the title of any UK property, even if it is not yours. Title deeds and related documents can be accessed via the HM Land Registry website. For a small fee, you can request the title record and title plan.
It may turn out that you and your neighbor are equally responsible for contributing to the repair or resurfacing of your shared driveway.
However, even after reviewing the documents, your rights may not be entirely clear.
The matter can become more complicated if your neighbor is not the original purchaser of the property.
Once you understand the facts, it is worth approaching your neighbor again to try to reach an amicable agreement. They may have simply misunderstood their obligations under the documents.
This is an uncomfortable situation that requires tact and sensitivity, as no one wants things to escalate.
If your neighbor continues to reject your efforts, you might consider hiring a professional mediator, who can help facilitate a constructive discussion and propose ways forward.
If necessary, you can seek advice from a lawyer specializing in neighbor disputes. They could help you clarify your legal situation and, if necessary, draft a letter to your neighbor detailing your concerns and the potential legal consequences if the issue remains unresolved.
Legal Expert: Olivia Egdell-Page, Partner and Head of Property Department at Joseph A Jones & Co solicitors
Olivia Egdell-Page, partner and property director at Joseph A Jones & Co LLP, said: The Highways Act 1980 states that a private or unadopted road is, by definition, a road that cannot be maintained with public funds.
Therefore, the local road authority has no obligation to pay for maintenance in this case, and this will be the responsibility of the owners of the road or access, or those obligated by the agreements in the legal title.
When purchasing a property with a private entrance, we always check who is responsible for its maintenance and how the cost of maintenance will be shared between the owners.
Depending on the position of the properties and access levels, it may be that each of you owns a portion of the driveway, or one property owns the entire driveway area, and the other owner has right to use it.
Often these rights are granted subject to that person contributing a percentage of the upkeep and maintenance costs, or a contribution being made on a “user-based basis, i.e. based on their respective use”.
The key point for you will be whether the legal title includes any obligation on your neighbor or joint properties to maintain the surface of the driveway and, if so, whether it needs to be maintained to a particular standard.
For example, you may say that the driveway must be kept “in good repair and condition,” which is clearly not the case in this case.
Depending on how the title documents have been drafted, where maintenance has not been performed, one party may have the power to perform the work and recover the cost, or a portion of it, from the other owner.
Other titles say nothing about maintenance obligations, which would put you in a delicate situation as it may not be clear who should carry out the necessary work.
I would suggest you review the title documents for your property and perhaps the advice you received at the time of purchase as I hope this includes information about the driveway.
