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Whos responsibilty for upkeep of drive ?

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  • Whos responsibilty for upkeep of drive ?

    Our new house has a driveway from the road that crosses our neighbour's land. Our neighbour also uses the drive to access some of his land. There is a Covenant that says we have a right to use this drive, but nothing is stated about whos responsibility it is to maintain it. Is there a general principal that applies in this sort of situation ?

  • #2
    This is odd in the case of a new house: did you buy direct from the builder? If so, why were maintenance responsibilities not covered in the Transfer deed? This is a question worth asking your solicitor/conveyancer

    Anyway, the general "default" position is that the owner of the land over which the drive runs (your neighbour) is responsible for ensuring that the driveway is kept in a condition that enables you to exercise your right of way. It seems that you are not obliged to contribute to the costs, so the neighbour is unlikely to spend more than he has to, and you may struggle to get any work done, if you refuse to contribute. I therefore suggest that you do not stick to your strict legal rights and obligations, but demonstrate a neighbourly attitide, if and when maintenance work is needed, by offering to contribute

    That said, if your house is new, presumably it will be many years before maintenance work is needed, by which time it may not be your problem!

    I hope this helps
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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    • #3
      Thanks for the helpful reply. I should have chosen my words a bit more carefully though, the house is 'new' in the sense we have just moved in, but is in fact Victorian.

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      • #4
        That makes much more sense! You can ignore the first paragraph of my earlier reply.
        This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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        • #5
          Drive

          The ananymous case of 1469 is authority for the rule that someone with an easement has the right to enter on the land over which it runs to maintain it. Honest - it's in the Enlish and Empire Digest!

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