I often get asked about shared driveways so thought I would compile a simple FAQs article.
The UK features two main types of shared driveway. The first type is an access way, standing partly on one owner’s land and partly on another owner’s with both landowners enjoying right of way over it.
The second type occurs when one person owns land outside a neighbour’s house. In this instance it is usual for an agreement to be drawn up between the two parties.
Who owns a shared driveway?
The deeds to your home will tell you exactly who owns what. It is common for a driveway to be owned by one person but for a neighbour to have a right of way over it.
Can I park on a shared driveway?
The short answer is that neither neighbour can park there by right. If a car is parked there it is illegally parked and blocking a right of way.
Who is responsible for maintaining a shared driveway?
In most instances it is the shared responsibility of the neighbours to maintain the driveway.
How does common law apply?
Common law expects the driveway to be used fairly by both parties. If one neighbour is overusing their share of the space and blocking the other neighbour’s access then the courts can be approached to seek an injunction.
Can I buy my neighbour’s share of a shared driveway?
It is possible but the neighbour relinquishing their right of way will want compensating for the inconvenience, loss of utility and the resultant reduced value of their property.
In most cases, a civil conversation between neighbours will result in an amicable and satisfactory agreement being reached.