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Part of my property includes two drives over which I have to

 
F E Smith's Avatar
  • Answered by:F E Smith
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Customer Question

Part of my property includes two drives over which I have to allow access. My deeds state that maintenance is based on "all persons having a like right paying a proportionate part of the expense of keeping and maintaining the driveway/land in good repair and condition". As I do not use either the driveway or land, am I responsible for paying a proportional amount for maintenance? Thank you.

 

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Province/Country relating to question : England

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Submitted: 309 days and 6 hours ago.
Category: UK Property Law
Value: £33
Status: CLOSED
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Expert:  F E Smith replied 309 days and 6 hours ago.

Good day,

I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.

Please confirm that this is your property?

Customer replied 309 days and 6 hours ago.

Yes, this is my property. I understood that you were waiting to reply to my question, so what's all that about you "may be delayed"?

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Expert:  F E Smith replied 309 days and 6 hours ago.

Good afternoon,

Yes in my view you are not responsible for the maintenance but only the persons who are using the driveways with your permission.

Best wishes FE

Customer replied 309 days and 6 hours ago.

It is not a question of me giving "permission" - my deeds state that the other parties have a "right of access". Does this make any difference?

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Expert:  F E Smith replied 309 days and 6 hours ago.

Good afternoon,

Might I ask why you have left a negative rating? FE

Customer replied 309 days and 6 hours ago.

I stated in my original question that I 'have to allow access' over the driveways in question. The fact that you included the word "permission" in your reply appeared to affect my legal position. I am, therefore, seeking clarification as to whether the two amount to the same thing please. Thanks.

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Expert:  F E Smith replied 309 days and 6 hours ago.

Good afternoon again,

I can confirm that you are not responsible. The two things are the same.

Best wishes FE41087.4948649653

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Expert:  F E Smith replied 304 days and 17 hours ago.

Hi,

I do hope my answer has proved to be of benefit to you. If you should require my advice in the future please do not hesitate to me starting your question with FOR THE ATTENTION OF FE SMITH.

 
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