Legal advice on a shared driveway

[newbuild]

I am in discussions regarding a shared driveway for a plot of land I am purchasing.

 

The seller's solicitor is proposing offering right of way over a shared driveway. This would give me access to my property. I would be liable for 50% of maintenance costs for the driveway, but would not own the driveway, nor have a say in how it is maintained. There are standard covenants attached here, e.g. not parking on/obstructing the driveway in any way by either party.

 

I understand the model above is fairly common and works for many people. However, I would prefer to have the driveway as a separate deed, whereby we equally share ownership, jointly agree any maintenance work, and jointly pay for costs. I don't like the idea of not having any say in how a driveway (that is the only access to my property) is maintained that I will use multiple times a day.

 

Is this a reasonable request? Is there any reason why such a model would not be suitable?

 

Any advice greatly appreciated!

[ProDave]

It's not just access by car or on foot.  If this is your only access to the public highway, then HOW are you going to get water,  electricity, telephone and drainage to the plot?  That is a FAR bigger detail to sort out first.

[LA3222]

I have a shared driveway. My plot was the garden of next door. It's fairly straightforward, just get in deeds that you have a right of access for yourself and anyone else who needs to be at the property aswell as access for services under it. All the other stuff such as repair etc is shared. This stuff ain't rocket science.

 

There is nothing to say you won't have an arsehole neighbour at some point creating difficulties, that's just one of those things you deal with should the situation ever arise. Nonpoint worrying about what ifs....get all the relevant access agreed and then crack on.

[Ferdinand]

1 hour ago, newbuild said:

I am in discussions regarding a shared driveway for a plot of land I am purchasing.

 

The seller's solicitor is proposing offering right of way over a shared driveway. This would give me access to my property. I would be liable for 50% of maintenance costs for the driveway, but would not own the driveway, nor have a say in how it is maintained. There are standard covenants attached here, e.g. not parking on/obstructing the driveway in any way by either party.

 

I understand the model above is fairly common and works for many people. However, I would prefer to have the driveway as a separate deed, whereby we equally share ownership, jointly agree any maintenance work, and jointly pay for costs. I don't like the idea of not having any say in how a driveway (that is the only access to my property) is maintained that I will use multiple times a day.

 

Is this a reasonable request? Is there any reason why such a model would not be suitable?

 

Any advice greatly appreciated!

 

Make sure that your solicitor drafts the clause, or checks it to your satisfaction. Take the time and SWEAT THE DETAIL. 

 

Costs should be a secondary consideration tbh. The buggeration if it is wrong will hurt more later.

 

I had mine do one and I now have the right to do virtually anything for any service (undefined) which would by the look of it let me build a tunnel to use a relay of elephants to import water. Fortunately my solicitor was on a fixed price, and very professional - but looked a touch haggard afterwards.

 

[Oz07]

I had one and I lost a purchaser once because their solicitor wasn't happy about the ownership agreement. Can't really remember how it works but they all own a share of it I think All jointly responsible. Although they need my permission to grant any other person access across it so in theory no further development bit like a ransom strip I suppose? I would always try to avoid one again if poss just as the potential for dispute is always there. Although wouldn't rule out a house because of it especially if only shared between 2

[newbuild]

Thanks for the advice, all. @Ferdinand great shout about services - will add something in!