If you’ve got a shared driveway, chances are you’ve had to deal with some driveway drama at some point. Anyone who’s ever had to park on the street because their neighbour took up two parking spots knows that it can be a pain. But don’t worry, we’re here to help.
In this post, we’ll give you a complete guide to shared driveways so you can avoid any driveway headaches.
What is a shared driveway?
A shared driveway is a driveway that is used by more than one property. Each home may have its own garage or carport, but the driveway itself is shared. In some cases, the driveway may be owned by one of the homeowners, but it’s still considered a shared driveway if it’s used by multiple homes.
Shared driveways are common in urban areas where space is limited. They are also common in rural areas where multiple homes are built on one piece of property.
Why do people have shared driveways?
There are a few reasons why people have shared driveways.
The most common reason is that it’s the only way to fit multiple homes on one piece of property. In urban areas, land is limited and expensive. So, developers will build multiple homes on one piece of land and have them share a driveway.
Another reason people have shared driveways is for ease of access. When a new house is built on the land of an existing property, it can sometimes be impossible for the new property to access the public road without using a shared driveway.
The last reason people have shared driveways is for security purposes. In some gated communities, each home has its own driveway but they are all connected and can only be accessed by going through the main gates. This adds an extra layer of security for the community.
How do I know if my driveway is shared?
If you’re not sure if your driveway is shared, there are a few things you can look for.
The first thing you can do is check your property deeds. The deeds should list all the property boundaries and easements on the property. An easement is a right to use someone else’s property for a specific purpose. So, if there is an easement for a shared driveway, it will be listed on the property deeds.
Another thing you can do is look at the physical appearance of the driveway. If there are two homes with driveways that connect to each other, chances are it’s a shared driveway.
You can also ask your neighbours if they use the same driveway. If they do, then it’s most likely a shared driveway.
How to find out who owns a shared driveway
A shared driveway is usually owned jointly by all parties that have use of the driveway. However, this isn’t always the case.
If you’re not sure who owns the shared driveway, there are a few things you can do to find out.
The first thing you can do is check your property deeds. The deeds should list the owner of the property as well as any easements on the property.
If this doesn’t help, it’s best to contact a solicitor that specialises in property law. They will be able to help you figure out who owns the shared driveway and what your rights are.
What are the shared driveways rules in the UK?
The main rule of a shared driveway is that each user should be considerate and ensure that all parties have access to the driveway at all times. This means that they should never block access to the driveway.
The exact conditions relating to the shared driveway should be set out in the title deeds to the property. However, these conditions usually state that each homeowner owns their own section of the driveway and that driveway maintenance should be shared equally between the shared driveway owners.
As with all types of neighbourly disputes, the most important thing is to try and communicate openly and honestly with your neighbours. Most people will be open to having a conversation about how the driveway can be used to meet everyone’s needs – even if it does mean some compromises along the way.
If you need more information on the rules of your shared driveway, it’s best to speak to a solicitor.
What are my rights with a shared driveway?
Your rights with a shared driveway will depend on who owns the driveway and what the conditions are set out in the title deeds.
If the driveway is owned jointly by all parties that have use of it, then everyone has an equal right to use the driveway. This means that they can’t block access to the driveway or stop anyone from using it.
If the driveway is owned by one party, they may have the right to stop others from using it. However, this will depend on the conditions set out in the title deeds.
It’s important to note that the shared owners of the driveway have legal liability for the driveway, so will need to ensure that maintenance is carried out when required.
It’s always best to seek legal advice if you’re unsure of your rights with a shared driveway.
What are the laws on shared driveways?
The main law that governs shared driveways is the Highway Act 1980. This act states that a person can’t obstruct a highway, which includes a driveway.
This means that if someone blocks a shared driveway, they are breaching the Highway Act 1980. If the obstruction isn’t removed, the local authority can remove it and charge the person responsible.
It’s important to note that the Highway Act 1980 only applies to England and Wales. Scotland and Northern Ireland have their own laws on shared driveways.
If you need more information on the laws in your area, it’s best to speak to a solicitor.
Shared driveway problems
There are a few problems with shared driveways that you should know before you decide to buy a house with a shared driveway.
Firstly, shared driveways can lead to neighbour disputes. For example, if one neighbour blocks the driveway, it can cause problems for the other neighbours.
Properties with a shared driveway can be difficult to sell, and typically attract a lower asking price than properties with a private driveway. This is because potential buyers may be put off by the possibility of neighbour disputes.
Thirdly, shared driveways can be expensive to maintain. This is because all parties that have use of the driveway are responsible for its upkeep, so you’ll always be responsible for paying a proportion of the costs to maintain the driveway.
Finally, it’s important to remember that the law on shared driveways can be complex. This is because different laws apply in England and Wales, Scotland and Northern Ireland.
If you’re considering buying a property with a shared driveway, it’s important to seek legal advice to ensure that you know your rights and responsibilities.
How to separate a shared driveway
If you want to separate a shared driveway, you’ll need to have the agreement of all parties. This means that everyone that uses the driveway will need to agree to the separation.
Before you make the decision to separate a shared driveway, you’ll also need to ensure that there is enough space for each property to have at least a single car driveway. Otherwise you may need to seek planning permission from the local authority before separating the driveways.
Once you have the agreement of all parties, you’ll need to update the title deeds for the property. This will involve changing the boundaries of the property so that each party has their own driveway.
You may also need to change the easements on the property so that each party has their own access to the driveway.
Once the title deeds have been updated, you’ll need to have the physical boundaries of the driveway changed. This usually involves erecting a fence or wall between the two driveways.
It’s always best to seek legal advice before separating a shared driveway. This is because there may be other factors to consider, such as who will pay for the fence or wall.
A cheaper way to separate a shared driveway on an informal basis is to create a narrow raised garden bed between the driveways. This will separate the driveways but can be easily removed in future if required.
Got a gravel driveway? Check out our favourite gravel driveway ideas here
Shared driveway divider ideas
If your driveway is wide enough to be split into separate driveways and your neighbour agrees, you might be looking for cheap ways to divide your driveway.
Here are some of the best driveway divider ideas.
1. Raised beds or planters
One way to separate a shared driveway on an informal basis is to create a narrow raised garden bed between the driveways. This will separate the driveways but can be easily removed in future if required.
2. Painted lines
Another way to separate a driveway is to simply paint lines down the middle. This is a cheap and easy solution, but it’s not very permanent.
3. Concrete blocks or pavers
If you want a more permanent solution, you could use concrete blocks or pavers to create a physical barrier between the two driveways. This is a relatively cheap solution but can be time-consuming to install.
4. Fence
If you want a more substantial separation between the driveways, you could erect a fence. This will provide privacy and security but can be expensive and time-consuming to install.
5. Hedge
You could also plant a hedge between the two driveways. This will provide privacy and security but will take time to grow.
6. Brick wall
Another option is to build a brick wall between the two driveways. This is a more substantial separation but can be expensive and time-consuming to install.
What is a shared driveway agreement?
If you have a shared driveway, you may have a shared driveway maintenance agreement. This will set out the responsibilities and expectations when it comes to maintaining the shared driveway.
For example, if each homeowner owns an equal share of the driveway, any maintenance costs may be divided equally between the homeowners. However, if the driveway is owned by one homeowner but shared by others, you may find that the single owner is responsible for all maintenance.
The shared driveway maintenance agreement should also set out how often maintenance should be completed on the driveway and what happens if homeowners disagree on the maintenance that should be carried out.
Having a shared driveway agreement in place can help to prevent disagreements later down the line, as well as ensuring that everyone knows where they stand.
Who is responsible for maintaining a shared driveway?
The responsibility for maintaining a shared driveway will depend on who owns the driveway and what the conditions are set out in the title deeds.
If the driveway is owned jointly by all parties that have use of it, then everyone has an equal responsibility for maintaining the driveway. This means that they’ll need to agree on any future maintenance that needs to be carried out, sharing costs equally.
If you have a shared driveway agreement, this should set out clear and distinct expectations when it comes to who is responsible for maintaining the driveway and how often maintenance should be carried out.
It’s always best to seek legal advice if you’re unsure of who is responsible for maintaining a shared driveway.
What are the rules for parking on a shared driveway?
If you have a shared driveway, you’ll need to agree with the other parties who uses it on any rules for parking. This is because parking on a shared driveway can cause problems if not managed correctly.
For example, if one person parks their car in such a way that it blocks the driveway, this can cause problems for the other parties who use the driveway.
In many cases, you’ll find that rules are already set out, either in the title deeds to the properties, or in a shared driveway agreement.
It’s always best to have a discussion with the other parties who use the driveway and agree on any rules for parking. For example, you may agree that every party should leave access room so that other cars can access the driveway at all times. This will help to avoid any disagreements or problems later down the line.
Does a shared driveway affect property value?
If you’re thinking about selling your property with a shared driveway, you might be wondering how this will affect the asking price of the property.
In general, properties with a shared driveway sell for less than comparable properties with a private driveway. However, a property with a shared driveway will sell for more than a property with no driveway at all.
Whilst some prospective buyers may be put off by a shared driveway due to concerns about neighbour disputes and ongoing maintenance, many buyers will be very happy with a shared driveway if it’s well maintained and there are no problems with the neighbours.
If you’re selling a property with a shared driveway, it’s always best to be upfront about any potential issues and address them in the marketing of the property and with any prospective buyers interested in the property.
Can you have CCTV on shared driveway?
If you have a shared driveway, you may be wondering whether you can install CCTV that covers the driveway.
As a shared driveway is considered to be private property, you will need to get the agreement of all owners of the driveway before you install CCTV. The only exception to this is if there is a clause in your title deeds or shared driveway agreement which states that you are allowed to install CCTV that covers the entire driveway.
Who is responsible for removing motor oil stains from shared driveway?
Shared driveways usually have shared maintenance responsibilities between the owners. This means that responsibility for cleaning the driveway is legally shared between the owners, unless the title deeds state differently.
However, if one homeowner is responsible for spilling the oil, then they may be held liable for the cost of removing the stains.
If you’re unsure about who is responsible for cleaning up motor oil spills on your shared driveway, it’s always best to seek legal advice for a solicitor that specialises in property law.
Find out how to get oil off your driveway here
Can you put a gate on shared access?
If you have a shared driveway, you may be wondering whether you can put a gate across the driveway to stop people from driving onto your property.
In general, you can’t put a gate across a shared driveway as this would block access for the other parties who use the driveway.
If you’re thinking about putting a gate across a shared driveway, you will need to get the agreement of all owners of the driveway before you do so. The only exception to this is if there is a clause in your title deeds or shared driveway agreement which states that you are allowed to put a gate across the entire driveway.
If you’re unsure about whether you can put a gate across a shared driveway, it’s always best to seek legal advice for a solicitor that specialises in property law.
Who should shovel snow on shared driveway?
If you have a shared driveway, you’ll need to agree with the other parties who uses it on any rules for clearing snow. This is because shovelling snow on a shared driveway can cause problems if not managed correctly.
For example, if one person shovels all the snow and another person drives over it, this can cause problems for the other parties who use the driveway.
It’s always best to have a discussion with the other parties who use the driveway and agree on any rules for clearing snow during the winter months. For example, you may agree that everyone should take turns clearing the driveway or that one person will be responsible for shovelling the entire driveway.
This will help to avoid any disagreements or problems later down the line.
Final Thoughts
Shared driveways can cause problems if not managed correctly. It’s always best to have a discussion with the other parties who use the driveway and agree on any rules for using it. This will help to avoid any disagreements or problems later down the line.
If you have any questions regarding your legal right when it comes to shared driveways, we’d always suggest seeking specialist advice from an experienced property solicitor – they are the experts when it comes to property rights.
Let us know your experiences with shared driveways in the comments.