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Shared drive maintenance 4 parties each pay 50%??

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  • Shared drive maintenance 4 parties each pay 50%??

    Hi, I have the right of away to use a driveway owned by my neighbour, A, my Title deed says “2.1 The right at all times for the purpose of access to and egress from the property to pass and repass on foot and with or without vehicles over the Access Road SUBJECT to the payment to the Transferors as to one half of the cost of the upkeep maintenance replacement and renewal of the same”. Also neighbour A has all the rights and benefits of my title so also has in effect this clause in his Title deeds.
    2 other neighbouring properties, one being land and one being a house, with separate Land Registry Titles also have the same right in 2.1 above, both properties owned by the same people, B.
    Part of the driveway has large potholes and has been in need of repairs for years, I am happy to pay for a fair share or half of the repairs but neighbour A who owns the driveway has always said he does not want to pay for any repairs.Questions
    1) Can I carry out repairs at my own cost if I give notice and get 3 quotes from contractors and ask for their permission, even if they do not consent?
    2) Can I enforce via court that A pays half the bill?
    3) Can I enforce at court that A and B pay contributions to the cost? I assume that they cannot all pay half as I would profit from this, but could each property owner be forced to pay 25%?
    Tags: None

  • #2


    You have the right to enter the property to carry out repairs and essential maintenance at your own cost.
    You are unlikely to win a court action against A, or A & B, for their perceived share(s)

    If A, as owner, was to repair the driveway he could enforce payment of your share.

    Is B not willing to contribute?

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