Parking outside your house is a top priority for almost everyone looking for a house.
If it’s a shared driveway, it’s important to understand the rules around it.
Read our blog for a clear overview of this subject.
What is a shared driveway?
A shared driveway is a driveway that’s used by more than one household.
They became popular in the 1930s when homeowners often shared garage space at the back of properties and so both needed access rights.
Today, shared driveways are sometimes built on an estate where developers try to use space as economically as possible.
You might see a dividing line, or row of bushes, between the two driveways. Other times, the bricks could be a slightly different colour.
Access way vs shared driveway easement
In most cases, half of the driveway will be on one person’s land, and the other half on another person’s land. This is known as an ‘access way’.
But there are some cases where the entire driveway is owned by just one property.
A contract needs to be created so that both households can use it. This is known as a ‘shared driveway easement’.
This contract will usually be written by a legal expert, and outlines the following:
- Who is involved
- Rights and responsibilities of both parties
- Shared costs
- Restrictions
- Repercussions if someone doesn’t fulfil their duties
- How long the easement is applicable for.
What are the rules for shared driveways?
You don’t have a written contract if you have a shared driveway under accessway rules.
There is a clear dividing line between the two driveways, and each homeowner is responsible for the part on their land.
With this type of driveway, both parties are legally bound to be considerate, but the law loosely defines this.
For example, neither party should obstruct the entrance. You also shouldn’t prevent access to the driveway with a skip, a fence, or building materials.
Shared driveway repairs and maintenance are often covered in a property’s deeds. So, use this to double-check what you’re responsible for.
If you encounter difficulties with your neighbour over a shared driveway, try to speak to them about it.
Showing them the title deeds might illustrate the legal rights of each homeowner.
If this doesn’t work, you should contact a legal expert who can support you. (See more on this below.)
Common problems with shared driveways
As you might expect, owning a shared driveway is not always plain sailing. That’s why you must understand your rights and responsibilities.
The relationship between the homeowners and the driveway rules is important.
Maintenance
Driveway maintenance decisions and costs should be decided. This can include cleaning and repairing the driveway.
Border disputes
Sometimes, there is a dispute when one of the neighbours marks out driveway borders using posts or fences without a provision.
Legal liability can also exist if someone hurts themselves on the driveway. This is especially difficult if the individual is on both sides of the dividing line.
Access
Blocking access is the most common challenge. Some people might park inconsiderately, stopping others from leaving or entering the driveway.
Even if no one crosses the central line, two large cars might struggle to share the space.
When in doubt, refer to your shared driveway easement for guidance on the rules and responsibilities. A mediator or lawyer can also advise.
Should I contact a lawyer about a shared driveway dispute?
It depends on your situation. Taking legal action should only be a last resort, because it will be expensive.
Disputes will decrease the value of your property. This is especially true if they’re ongoing when you sell.
It can create ongoing awkwardness with someone you might continue living next to for many years.
You should act if your neighbour is being unresponsive and breaking the rules.
Can I buy my neighbour’s part of the shared driveway?
Yes, it is possible, although very rare. You would need a solicitor to help you with the transfer documents.
This also involves creating a new title for the house.
However, your neighbour is unlikely to agree to this. It could stop them from using the driveway. It will also decrease their property value.
Advantages shared driveways
There are pros and cons to having a shared driveway.
Split costs
One advantage is that you can split the maintenance costs with your neighbour. This might reduce the total price for each of you.
Parking access
Shared driveways guarantee that you have a place to park your car. This is not the case in many places – especially big cities, where you are usually forced to park your car on the street.
Can attract some buyers
Potential home buyers will often prefer a shared driveway, if their alternative is no driveway.
Disadvantages of shared driveways
Potential for disputes with neighbours
Yet, shared driveways are a common cause of disputes with neighbours. As mentioned above, you might disagree over access, maintenance, or appearance.
Can deter some buyers
Shared driveways can sometimes deter potential buyers, and you may receive less interest when you list your house on the market.
This can also translate into reduced offers because buyers don’t want the hassle of a shared driveway.
Potential legal issues
You will encounter more legal headaches with a shared driveway.
If you own the entire thing but have an easement for your neighbour to use it, you’ll deal with all the legal challenges surrounding it.
This includes maintenance, liability, appearance and so on.
Meanwhile, if your neighbour owns the entire thing, it can decrease your property value and reduce your power over the situation.
