It will also cause damage to the relationship you have with your neighbour — something that must be declared when you sell your home. Bear in mind that this is a civil case, and is not an issue for the police or the council.
Any action taken needs to be completed on your own behalf, and through the court system. You have the law on your side, but the process can be lengthy and expensive. Although drastic, paving over the front garden can be positive for both parties, providing extra parking for homes with more than one car.
This may seem expensive and drastic, but actually can be positive for both properties, as it can improve the value of the home , and provide extra parking for homes where having just one car is unviable.
The most common way to deal with this issue is to pave over the front garden, allowing you to simply drive onto the front of the property, and not use the driveway between the houses. That way, your neighbour can park alongside their home with no problems, aside from walking access. If both front garden areas were paved, this would be ideal, as both owners can park on their own property, and the driveway will be empty.
If the issue is actually finding somewhere to park, it may be possible to pave over some of the rear garden to provide a parking and turning area. This will mean that the driveway itself will not be used as a parking spot.
Finally, access may be found from another area to the rear of the home. This could be from an adjacent road, or from a neighbouring property, where the occupants may be willing to sell some of their garden for the purpose. This will surely need planning permission, and a dropped kerb. It is expensive, but once again, it will improve relations with your neighbours, and improve the value of your home. Whatever your choice, this new driveway or parking area needs to be well built and from a surface that will last and look great.
Thankfully, the majority of driveway disputes are resolved without requiring legal action-which should only be used as a last resort when a compromise can't be reached. In short, all parties involved should contribute to maintaining a shared driveway-both in terms of costs and overall upkeep. Contrary to popular belief, this doesn't just refer to the driveway itself; it also applies to repairs of the surrounding area, such as a shared fence which has blown down, with the expectation that both sides will pay half each to repair it.
Thankfully, most disputes are resolved without requiring legal action-which is used as a last resort when a compromise is unable to be reached. It's important to stress that the costs involved in this course of action are pretty prohibitive, making it in everybody's best interest to strike a fair deal. In the case of a shared driveway, problems with drainage open up yet another can of proverbial worms. If your neighbour has blocked the main drain by putting items down their own drain, or if gutters have been affected by a neighbour's negligence of their own gutter then things can quickly get personal.
The worst case scenario is that they fail to take the blame for their actions, and contest allegations that they should cough up the cash to fix things.
Be aware, some lenders will not grant loan approval to prospective buyers interested in a property with a shared driveway without a recorded legal document. The divider must be on your side of the property and provide enough room for both users.
Your neighbor may want to hire their own surveyor as well. Depending on the width of the driveway, some dividers include a narrow raised garden bed of pressure-treated lumber, chain-link fence in asphalt, or edging stones atop existing concrete. When selling a home with a shared driveway, your real estate agent will use comparable properties to help set the asking price. But depending on how common shared driveways are in your area, your agent may not have to adjust the price to compensate. Just make sure your buyer has clear and distinct expectations.
If you are a seller with a shared driveway, UpNest can match you with a Realtor knowledgeable in the complexities of selling homes with easements. If you are considering buying a home with a shared driveway, not only can we coordinate you with a knowledgeable agent, we can help with your lending needs.
Primary Menu UpNest. Search for: Search. Shared maintenance As long as a proper deed states there is equal ownership, all owners can share the costs and labor of shoveling show, removing motor oil stains, or resealing surface cracks. Clearer, safer streets In a residential area with many houses packed tightly together, reducing the number of driveways gives an attractive, clean look.
Shared Driveway Negatives There are a number of issues that can arise between neighbors with a shared driveway. Moreover, this blog is not a substitute for obtaining legal advice from a qualified attorney licensed in your state or jurisdiction. The information on this blog may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. While the blog is revised on a regular basis, it may not reflect the most current legal developments or law in your jurisdiction.
The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Additionally, to ensure compliance with requirements imposed by the U. Internal Revenue Service in Circular , we inform you that any tax advice contained on this site including any links provided is not intended or written to be used, and cannot be used, for the purpose of i avoiding penalties under the U.
Internal Revenue Code or ii promoting, marketing, or recommending to another party any transaction or matter addressed in this communication. Save my name, email, and website in this browser for the next time I comment. Hit enter to search or ESC to close. By Covaltlaw llc January 18, No Comments. If an issue comes up regarding either use or the location of a shared driveway, there are several questions to consider:.
The best first step is always to refer to the facts to determine what legal rights are in place. Easements typically do not have any time limitation, and a neighbor would be prevented from interfering with continued use and access.
If no recorded easement exists, the parties may still have legal rights and a cause of action to prevent any interference by the other owner.
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