Shared driveway

[Bubble62]

I am about to construct a driveway that will be shared by three properties. To avoid any misunderstanding can I get a generic agreement showing the obligations of all parties to the shared driveway. ie ownership, parking restrictiond, maintenance etc.

Thanks,

Conrad

[Eve]

Yes, a Deed of Grant of Easement would seem the best kind.

You can have recitals showing the facts, ie who owns what land then the operative but which states who has what rights over what bit for what purpose, what people can and cannot do and any other restrictions and any rights you need to reserve (eg rights to secure it provided the rights of access are not prejudiced) maybe a right to distinguish the rights in certain circumstances).

Bear in mind if the drive may be needed for laying any pipes or cables or similar, reserve a right to be able to do this.

I'd suggest getting a solicitor to draw it up if possible and make sure the rights are registered (or at least registrable) on the appropriate titles at the Land Registry and you have appropriate plans.

Consider issues like whether they can just walk or drive over it or whether they can park on it (consider deliveries and other commercial vehicles and things like caravans).

Make sure the rights are granted to the appropriate persons as well eg to successors in title so the right stays with the property even after the property has been sold.

[Bubble62]

Many thanks for your help.
I will contact a solicitor with the points you made and get a draft agreement prepared.

Thanks