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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1723
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We own a driveway which 4 of our neighbours have shared

Customer Question

We own a driveway which 4 of our neighbours have shared access to. It is now a question of repairing the driveway which is in a bad state and they say that they have no contractual obligation to pay for anything. Is that true? How can they have access and use it but expect to pay nothing when it comes to its repair? As owner am I responsible for all of the costs? That doesn't seem fair.
JA: What state are you in? It matters because laws vary by location. PayPal, Debitcard or credit card are all fine. Has anything been filed or reported?
Customer: We live in the UK in Kent. Can you help with UK law?
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Customer: ok that's fine but can they help with UK law?
Submitted: 7 months ago.
Category: UK Property Law
Expert:  Property Lawyer replied 7 months ago.

I am a solicitor.

Do you have a copy of the deeds/ title documents? It is usually stated in the deeds the arrangements for repair of shared drives.

Customer: replied 7 months ago.
The title document just says that we are responsible for a reasonable to contribution to the drive but does not mention the other houses.
Expert:  Property Lawyer replied 7 months ago.

Presumably the title for the other houses contain similar provisions on this.

What does it say on the title exactly?

Customer: replied 7 months ago.
That we have to contribution a reasonable proportion to the upkeep of the drive. What does Common Law say? What if there is nothing in the neighbours deeds?
Expert:  Property Lawyer replied 7 months ago.

Common law will not help you. It will not imply any obligations on your neighbour. It should be in the deeds, you can buy your neighbours' deeds for £6 from the Land Registry. If all 4 were part of a development then each deed should have a mirror obligations.

If your obligation is to contribute, then one of the other three must have the obligation to repair/maintain subject to the other neighbours contributing.

I am restricted in what I can advise without seeing the title documents.

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