Shared driveway - shared ownership?
Discussion
We are looking at a plot of land on which to build a new home but are unsure as to the best/expected position in terms of driveway ownership. The plot will be split from the garden of an existing house - access to both the existing house and to the new house will be from the existing driveway. So, one existing shared gateway onto the road and the existing driveway will branch off one way to the new house and continue straight on to the existing house. Parking etc isn't affected - it's just an access drive. The owners are insisting on retaining ownership of the shared driveway but granting us servitude, whilst maintenance costs would be shared.
Any problems with this? I feel like it should be shared ownership but the owners are digging their heels in. The current owners of the existing house seem nice enough but not sure how this might pan out if they sold up
Any problems with this? I feel like it should be shared ownership but the owners are digging their heels in. The current owners of the existing house seem nice enough but not sure how this might pan out if they sold up
Your rights to it, along with the responsibilities of the parties, would be fully detailed in the transfer document alongside any relevant covenants etc.
Unless there are concerns around "intensification" of use (i.e. they worry that you might bang another property in your garden), it sounds like the current owners think that retaining ownership gives them a degree of power that they won't actually have.
It's also entirely possible that they:
1) Perceive that a legally shared driveway will devalue their house; and/or
2) They've not spoken to a lawyer about it yet.
Last place I owned with a shared driveway, we had the left hand side, the neighbours the right, but with all of the broader rights/responsibilities in the transfer doc.
Unless there are concerns around "intensification" of use (i.e. they worry that you might bang another property in your garden), it sounds like the current owners think that retaining ownership gives them a degree of power that they won't actually have.
It's also entirely possible that they:
1) Perceive that a legally shared driveway will devalue their house; and/or
2) They've not spoken to a lawyer about it yet.
Last place I owned with a shared driveway, we had the left hand side, the neighbours the right, but with all of the broader rights/responsibilities in the transfer doc.
LooneyTunes said:
Your rights to it, along with the responsibilities of the parties, would be fully detailed in the transfer document alongside any relevant covenants etc.
Unless there are concerns around "intensification" of use (i.e. they worry that you might bang another property in your garden), it sounds like the current owners think that retaining ownership gives them a degree of power that they won't actually have.
It's also entirely possible that they:
1) Perceive that a legally shared driveway will devalue their house; and/or
2) They've not spoken to a lawyer about it yet.
Last place I owned with a shared driveway, we had the left hand side, the neighbours the right, but with all of the broader rights/responsibilities in the transfer doc.
I actually think it's their lawyer that's pushing thisUnless there are concerns around "intensification" of use (i.e. they worry that you might bang another property in your garden), it sounds like the current owners think that retaining ownership gives them a degree of power that they won't actually have.
It's also entirely possible that they:
1) Perceive that a legally shared driveway will devalue their house; and/or
2) They've not spoken to a lawyer about it yet.
Last place I owned with a shared driveway, we had the left hand side, the neighbours the right, but with all of the broader rights/responsibilities in the transfer doc.
skeeterm5 said:
What is your issue with this? Once the access right is granted it is very difficult to remove and cannot just be done by a future owner.
This is true but the optimal solution would be to have an access that is not sharedEdited by skeeterm5 on Tuesday 11th March 16:29
And I'd rather own any shared driveway rather than not
I've owned a driveaway 5 houses of it, originally with two houses . one knocked down and four new built on plot. I would not give you shared ownership. the four all had rights of wat over the drive. Took advise from an old school solicitor who advised on conditions to put into contract. No problems since (about 15 years). Houses sold few times since again without any problems. Why wouldn't you buy the plot just with a properly agreed legal right to use the road including details of maintenance agreement . parking ( non allowed on ours) etc.
Can't see you having any leverage in insisting that you get ownership apart from any part that could only exclusively used for your own house.
Can't see you having any leverage in insisting that you get ownership apart from any part that could only exclusively used for your own house.
TownIdiot said:
Do you have any other access options?
Notwokcc said:
I've owned a driveaway 5 houses of it, originally with two houses . one knocked down and four new built on plot. I would not give you shared ownership. the four all had rights of wat over the drive. Took advise from an old school solicitor who advised on conditions to put into contract. No problems since (about 15 years). Houses sold few times since again without any problems. Why wouldn't you buy the plot just with a properly agreed legal right to use the road including details of maintenance agreement . parking ( non allowed on ours) etc.
Can't see you having any leverage in insisting that you get ownership apart from any part that could only exclusively used for your own house.
To turn it around, if you wouldn't give shared ownership there must be something positive about having it so, therefore, I certainly want it! Good people are good and reasonable - it's the others that aren't.Can't see you having any leverage in insisting that you get ownership apart from any part that could only exclusively used for your own house.
The existing house will still have a large garden. We're wondering whether they want to retain ownership so that they could potentially build another house and grant them access too - something we probably couldn't control unless we had shared ownership. If that is indeed the scenario, it's something we'd want to prevent as it would impact our outlook and we're paying quite a premium for that.
TownIdiot said:
That's why they want ownership.
Gives them much more control.
And if the view is deal breaker you should think again.
Yes, that's our view too now, having thought about it a bit more. We've basically said it's shared ownership or we walk, and we're comfortable with either outcome. Let's see what tomorrow brings...Gives them much more control.
And if the view is deal breaker you should think again.
worldwidewebs said:
Yes, that's our view too now, having thought about it a bit more. We've basically said it's shared ownership or we walk, and we're comfortable with either outcome. Let's see what tomorrow brings...
There are other optionsYou could, for example, put a clause in that prevents any further development.
TownIdiot said:
Murph7355 said:
Avoid shared anything. Assume people are t
ts.
This is true but plots to build your own place on are very difficult to find. ts. worldwidewebs said:
To turn it around, if you wouldn't give shared ownership there must be something positive about having it so, therefore, I certainly want it! Good people are good and reasonable - it's the others that aren't.
The existing house will still have a large garden. We're wondering whether they want to retain ownership so that they could potentially build another house and grant them access too - something we probably couldn't control unless we had shared ownership. If that is indeed the scenario, it's something we'd want to prevent as it would impact our outlook and we're paying quite a premium for that.
Ill turn in back -what if you sell up and aThe existing house will still have a large garden. We're wondering whether they want to retain ownership so that they could potentially build another house and grant them access too - something we probably couldn't control unless we had shared ownership. If that is indeed the scenario, it's something we'd want to prevent as it would impact our outlook and we're paying quite a premium for that.
hole move into your house.You aren't going t get anywhere with current owner. Run a risk with any house that could have a potential building plot next to it
My driveway starts at the pavement, and my neighbour has to drive over the first part of it to access his driveway. It is on my deeds but it's clear the first 5m or so have to be left clear to provide access to next door. It really isn't an issue.
At least if the neighbour owns it they have to maintain it!
At least if the neighbour owns it they have to maintain it!
My next door neighbour has to drive through my drive to get to their house, it’s in the deeds that they have a right of access. Lived here for 16 years, never had a problem.
Ocado pisses them off every now and again if they park on our bit to drop the shopping off and they have to wait to exit.
I never thought about them contributing to the maintenance costs, I might raise this with them as it could do with re-surfacing!
Ocado pisses them off every now and again if they park on our bit to drop the shopping off and they have to wait to exit.
I never thought about them contributing to the maintenance costs, I might raise this with them as it could do with re-surfacing!
worldwidewebs said:
blank said:
At least if the neighbour owns it they have to maintain it!
Apparently they want sole ownership and shared maintenance costsIf they won't budge on that then you can ask for an agreement not to allow any more houses to be built without your permission.
If they say no to that then maybe they have a plan.
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