driveway repairs - right of way - can we ask for donation towards it?

7 years ago

We own a property where we own the driveway and our neighbours have right of access, we are currently renovating the property and would like to include a new driveway as it has fallen into disrepair. whilst we seem to have an ok relationship the neighbours have had some concerns as the renovations are quite large and we have tried hard to appease all their concerns. we had a shared septic tank, which they asked if we would include our own - which we have done, among other things. They have recently rented out a annexe on their property which means more cars across our driveway - we don't want cause friction, but want to ask are we entitled to ask for a donation towards the driveway?

Comments (2)

User
7 years ago
Legally, no. Although they have right of way, as you own the driveway the repair costs are down to you. However, the neighbours should hopefully offer to share costs with you as a gesture of goodwill given that they use the access. In short you can't refuse access / right if way, but they can refuse to contribute to the cost of repair.

Do you know what the arrangement was with the previous owners? Did this come up in your searches? We have the same issue and our solicitor made a big deal about it, so we spoke to the vendor and the neighbours to find out what the agreement was before exchanging (currently everyone pays equal contribution to repairs). If not, speak to your neighbours and ask if they would be willing to contribute. The offer of a beer or two might soften the blow!
candy656
Original Author
7 years ago
i did think as much, previous owners were great and we were probably a bit spoiled in that they were more like adoptive parents and were always helping out with us, the new neighbours are the previous owners relatives so i'm not sure what searches they did. come to think of it, i think it did come up in our searches so will try and pull out our old paperwork - thank you :-)
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driveway repairs - right of way - can we ask for donation towards it?

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candy656
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driveway repairs - right of way - can we ask for donation towards it?

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candy656
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