I recently visited a cottage in Cornwall which had a shared access driveway with its neighbour. This is not an uncommon occurence and in most cases, having to share a driveway, pathway or hallway doesn't cause any concern for either party, but even so, it's worth knowing what your rights are.
What types of Shared Access occur?
There are differant situations where shared access is likely to be case.
- Shared access - This is where part of a driveway is shared between two or more properties, or, most commonly, when flat-dwellers share a hallway and stairs.
- Access to other properties - This happens when someone needs to reach their property across yours; for example, a barn conversion where the farmer who owned the land wants to retain access to his fields.
- Easements - This is when there is a short cut across your property to a neighbour's house, garage or garden which they may or may not use. Easements can also refer to a neighbour's right to access drainage systems, water supply etc used by them but running under your land.
Ensure that there is a clear formal agreement in place about any easements, shared access or access rights to other properties. If theres is an informal agreement, you will need to get this formalised if either party intends to sell so it's best to get something properly drawn up - You may not mind being the one who always weeds the shared path but a future owner might not be so generous.
If your property has shared access i.e. you share a driveway, footpath or hallway with your neighbour(s), or you are considering buying one that does, then you need know:
- Who owns the access? In the case of our Cornish property where two houses shared the driveway, the ownership was 50:50, but this isn't always the case. The access rights for both or all parties should be written down in the Title Deeds of the property
- Whether the access is an established right of way. If so, there are certain obligations placed on you as the owner (see below)
- Who is responsible for its upkeep?
- You need to know if you will be expected to gravel the lane or clean a lobby, or if you are expected to pay someone else to do this. Ask if there is any legally binding agreement about upkeep and costs. Make sure you know what your part in this deal will be.
If you share any access, you have to be considerate of others' needs and wishes. Nobody is going to object if you weed the shared drive or vacuum the hallway daily but do not expect to be thanked. Do not overstep your rights by changing anything without full consultation with the person with whom you share access. You might think the hedge is too wild or the hallway light-fitting is incredibly ugly - your co-owner might not.
Footpaths and Rights of Way
Footpaths are often ancient ways that have been established as rights of way over hundreds of years. They originated when walking was the most common way for people to get from A to B. Many footpaths run across people's land and sometimes through their gardens - so, anyone stepping off the track is techincally trespassing.
As an owner of a property with a footpath, remember:
- It is up to you to ensure that the way is clearly marked ;
- It is illegal to try and block the footpath or divert it without permission ;
- It is extremely difficult, time-consuming, sometimes impossible and usually very costly to get a footpath diverted. You have to apply for it to be given an alternative route under the Highways Act (1980).
Having a footpath or right of way running through your property may not necessarily be so bad - but if you are considering buying a property that has such, you are advised to do abit of research. It's worth walking the path yourself and see where it goes to and visiting the property to physically inspect the pathway will give you some clues as to how much of a inconvenience it is likely to be - If the path is badly overgrown, you can almost guarantee it is used infrequently and vice versa.
Any rights of way on to or across your land should be highlighted in the Legal Pack and if you inspect this prior to purchase, you should get a clear idea of what rights you have etc. Even if the current owner says it is an unused right of way or footpath, be prepared for someone to start using it.
Be aware that a footpath or right-of-way running through your garden, particularly if it is within sight of your home, will devalue the property.
