Good afternoon
I am looking for some advice on the responsibilities of householders on deeds for the maintenance and repair of a shared access driveway. I am the owner of the drive and there are three other households who have a right to drive over it to access their properties. The drive has been an issue for many years and we have approached our neighbours on numerous occasions to get the drive block paved but have been met with one positive neighbour, resistance from another and no response from the other. We do not want to cause bad feeling but really need to get this drive sorted as it is now unsightly and is a hazard. This has been going on for over 15 years!
The neighbour who objects basically wants the drive to remain as it is with a little tidy up as it is in keeping with the village and does not agree to any suggestions we have made stating that he is not a fan of any of our suggestions (block paving to compliment current walls etc). A recent sale of one neighbours house brought into question the state of the drive by potential buyers and this neighbour felt it was a real sticking point for some.
My question is ..... can I go ahead and do the work and then ask him to contribute to the cost? One other neighbour is happy to contribute their quarter of the expenses. I have exhausted all reasonable avenues now and just want the work done with the neighbours contributing fairly. The neighbour argues that he does not see block paving as maintenance, however we have never charged anyone for maintenance over the 20 years we have lived here.
The drive has deteriorated so much that having sought advice this is the only option available due to the steepness of the hill and asphalt or shingle not being suitable as it will scrub off and deteriorate quickly with the amount of vehicular use.
The deeds read as follows: SUBJECT to the right for the owners and occupiers for the time being of the adjoining properties and all persons authorised by them (i) from time to time and at all times for all purposes connevcted with the use and enjoyment of such adjoining properties to pass and repass with or without vehicles over and across the access drive hatched yellowon the said plan subject to persons exercising such right bearing a proportionate part of the expense of maintaining such access.
Any advice would be very much appreciated.
I am looking for some advice on the responsibilities of householders on deeds for the maintenance and repair of a shared access driveway. I am the owner of the drive and there are three other households who have a right to drive over it to access their properties. The drive has been an issue for many years and we have approached our neighbours on numerous occasions to get the drive block paved but have been met with one positive neighbour, resistance from another and no response from the other. We do not want to cause bad feeling but really need to get this drive sorted as it is now unsightly and is a hazard. This has been going on for over 15 years!
The neighbour who objects basically wants the drive to remain as it is with a little tidy up as it is in keeping with the village and does not agree to any suggestions we have made stating that he is not a fan of any of our suggestions (block paving to compliment current walls etc). A recent sale of one neighbours house brought into question the state of the drive by potential buyers and this neighbour felt it was a real sticking point for some.
My question is ..... can I go ahead and do the work and then ask him to contribute to the cost? One other neighbour is happy to contribute their quarter of the expenses. I have exhausted all reasonable avenues now and just want the work done with the neighbours contributing fairly. The neighbour argues that he does not see block paving as maintenance, however we have never charged anyone for maintenance over the 20 years we have lived here.
The drive has deteriorated so much that having sought advice this is the only option available due to the steepness of the hill and asphalt or shingle not being suitable as it will scrub off and deteriorate quickly with the amount of vehicular use.
The deeds read as follows: SUBJECT to the right for the owners and occupiers for the time being of the adjoining properties and all persons authorised by them (i) from time to time and at all times for all purposes connevcted with the use and enjoyment of such adjoining properties to pass and repass with or without vehicles over and across the access drive hatched yellowon the said plan subject to persons exercising such right bearing a proportionate part of the expense of maintaining such access.
Any advice would be very much appreciated.
