Do we have to pay for the repair of a shared access drive with neighbour? ?

Question

Our house has a shared drive, although our neighbour technically owns the drive, and we have shared access to use it. The drive is is in a terrible state of repair, and over the years we have offered to contribute on numerous occasions to its repair, which he has always turned down, as he has always stated that he does not want to repair it. 

Our relationship with him has deteriorated greatly due to his other anti social behaviours, (in which the police and council are now involved), and now we are not on speaking terms. He has just asked for £4,000 for the cost of usage of the drive and so he can refurbish it. Before we would have been happy to pay, but considering his awful behaviour, and his constant aggressive reminder that he technically owns the drive, we are inclined not to pay him a penny. We do not believe he actually wants to repair the drive, but instead is using it a form of ‘punishment’ against us as. Are we within our rights to refuse payment? 

Answer 1

Get estimates. Offer to pay your portion to the driveway CONTRACTOR, not the neighbor. Have a contract outlining the details of the job and a payment schedule for you and for the neighbor.



But, before you do that, get legal documents stating you have an easement to use his driveway to access your house. 



Otherwise. I would not pay if he can legally tell you that you can't use the driveway . Why improve his privately owned driveway if he can tell you not to use it? Make SURE he can't do that with documents that give you rights.

Answer 2

What part of "shared" is alien to you?

Answer 3

i would tell him to get 3 estimates, choose the best, and offer to pay half...you do have a moral obligation to pay.

Answer 4

You have no obligation to pay.  Is the shared portion in the deeds?  In other words, can he revoke your access?

Answer 5

Yes you are, what does it say on your Deeds? You need to look at who is responsible for repairs.

The way round it is to ask for sight of the builders estimate and pay them not your neighbour.

U.K.

Answer 6

In the usa (which you are not in) yes, you would be required to contribute to the maintenance of a shared driveway you have an easement to use.  You are certainly within your rights to think the expense is not fair or not reasonable, and a court will decide what is fair. 

Answer 7

See a real estate attorney as soon as possible.  

Answer 8

How about putting your own driveway on your own property? Put a fence up on your property next to his driveway and that will settle your problem.

Answer 9

You should talk to a specialist property lawyer. You are willing to pay for an actual repair, just as you always have been. You do NOT want to pay for the right to use the driveway. You already have that legal right, free of charge so you never want to create the precedent of agreeing to pay for it.