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private road and right of way

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  • private road and right of way


    Can someone advise if its possible to have a private road jointly owned by two properties.
    There are two properties we have seen which use a common access road. It is proposed that one of the properties will have ownership of the road and give right of way for the other property.
    However, it may prevent any funny business in the future if both properties own an equal share and have shared responsibilty and equal rights.


  • #2
    I believe so - in my neck of the woods, I've heard it referred to as a 'section 57 agreement' between the two properties... but I'm not 100% sure I've got the numbering right..... if I find more, will post


    • #3
      Thanks for that googler, i'd appreciate it if you find out anymore.
      Basically we have the choice to request anything and i dont know if it would be better to own the road outright and grant right of way, or give th road ownership to the adjoining property and have right of way or go 50/50. The reason i'm hesitating about owning it outright is the possiblity that we would then be liable for the road in terms of maintenance and e.g. required to grit it in winter etc. The reason i'm hesitating about giving it to the adjoining property is the possibilityu of any funny business in the future with whoever owns the other property.