As anyone that has ever gone for dinner with me will know, I'm not great at sharing. Seriously, people have nearly lost a hand for daring to steal my chips. So who knows what I was thinking when I set my heart on a house with a shared driveway?
Perhaps it's because I loved the property – a Victorian three-bed in Bedfordshire that cost a fraction of the price it would have closer to London. So much so that the driveway situation didn't even enter my mind. That was, until I moved in.
Only then did the impact of my decision really hit home. But despite the horror stories you may have heard, sharing a driveway is certainly survivable, and can even be beneficial, provided you know your rights, communicate, and are considerate. I've shared the same driveway with two different neighbours now and it's (mostly) harmonious. Here's why.
1. Know your legal rights
Understanding what access and usage rights you have is crucial in the case of a shared driveway – and ideally, you should clarify this before you buy the property. My solicitor did make me aware of my rights before I moved in, and that put me in the best place to discuss 'drive etiquette' with my neighbour from the off.
"My advice to buyers would be not to dismiss a property simply because it has a shared driveway, but equally not to underestimate the potential problems," says Robin Edwards, a buying agent at Curetons Property Finders.
"Make sure your solicitor investigates the legal arrangements thoroughly before you exchange contracts. It's much easier to walk away from a problematic arrangement than resolve a dispute with a neighbour after moving in."
A solicitor will typically check the property's deeds and Land Registry documents, to see who owns what land, and who has what rights over it.
“Start with the paperwork because that is where the answer almost always lies," says Shinead Wilson, a property litigation partner at Keystone Law.
"Get official copies of the register and title plan from HM Land Registry. For a right granted since 13 October 2003, the benefit is noted on the title of the property that enjoys it and a notice of the burden on the title of the property that bears it. So, check both your own title and your neighbour's."
"Next, look at the deed or transfer that created the right. The decisive words are usually in the original conveyance or transfer," adds Shinead. "That wording should define exactly what you may do on foot, by vehicle, at what times, and for what purposes."
Top tip: If you live in an older house, not every right of way will necessarily be spelled out. "One can also arise by long use – broadly, 20 years' use 'as of right' (openly, without force, and without the owner's permission) under the doctrine of lost modern grant or the Prescription Act 1832," says Shinead. "And a right you already enjoy can pass to you automatically on a sale, because a conveyance is deemed to carry with the land all the 'ways ...liberties, privileges, easements, rights, and advantages' enjoyed with it."
Robin has over 20 years experience across the prime and super prime Central London property markets working for some of the capital’s biggest and most respected companies within the industry. Recently described by the UK’s biggest selling newspaper, The Sun, as the “property advisor to the rich and famous," he has advised on the sale, purchase and rent of over £1bn worth of residential property over his career.
Shinead advises on a full range of neighbourly matters, including rights of light, boundary disputes, party wall issues, adverse possession, rights of way, and noise nuisance, acting on both contentious and non-contentious matters. Her clients include developers, landowners, investors, and commercial and individual owner-occupiers and tenants.
2. Put their bins out and be a good neighbour
This is something my neighbour and I do for each other almost every week, and we always check in to see if we can help when the other is on holiday, whether it's putting out the bins, collecting parcels or checking that the house is secure.
"It’s the little things that can make all the difference when sharing a driveway," says Sandra Richardson, Planning Officer at Luton Borough Council. "If you’re putting your bins away, why not bring your neighbour’s in too? It saves them having to stop the car and move the bins when they get home. It’s a small gesture, but one that people appreciate and that can help keep the peace between neighbours."
It's also a good ideas to keep those bins organised, perhaps with wheelie bin storage, so they aren't unsightly or stray into the shared space due to a sudden gust of wind. Address any very smelly bins, too – you could always liaise and order a bin cleaning service on a regular basis, and might even save some money if you share a subscription.
Sandra has been working in planning since 1988, holding various positions, and now works at Senior Planner level in development control. Day to day, she tackles broad range of planning applications and manages, develops and motivates her team to achieve their own objectives.
3. Discuss access and parking
My own shared driveway consists of a gap between my neighbour's Victorian semi and mine, just wide enough for a single car, and with each property having their own parking space set into the side return at the back – a common set-up for shared driveways.
As ours is a busy road (and to keep insurance premiums down), we've always used that space for parking. But that does mean being considerate. For example, when my husband works late and arrives home in the wee small hours, he will park on the road so as not to wake the neighbours with a rumbling engine.
Our neighbours have created off-road parking in their front garden, but are always mindful when they park so as not to encroach on the shared part of the drive. And when any property maintenance is required, or a skip ordered, we always discuss it beforehand if it's going to impact parking access.
“Parking is often a major source of tension when sharing a driveway," says Sandra Richardson. "Say you've momentarily pulled up to unload shopping or pack the car for a holiday. You might think you’re only going to be a few minutes, but if that turns into 45 minutes, you could be blocking your neighbour’s access without realising it.
"Even if they weren’t planning to go anywhere, that can cause frustration," she continues. "The key is communication: if you know you’re going to block the driveway, let your neighbours know in advance so they can move their car if needed and everyone knows where they stand."
4. Keep things tidy
Keeping a shared driveway clean, tidy and free from weeds is a simple but effective way to maintain a positive relationship with your neighbours, as I've discovered to my benefit. "In some cases, one property owner might be responsible for two-thirds of the driveway, while their neighbour owns the remaining third," says Sandra. "However, rather than focusing solely on where one person’s responsibility ends and another’s begins, taking a more considerate approach can make a real difference."
“If you’re already out there weeding your part of the driveway, why not take a few extra minutes to clear the weeds from the whole area? It’s a small gesture, but it shows that you’re thinking about your neighbour and taking pride in the shared space. These little acts of consideration can go a long way towards building goodwill and preventing minor frustrations from turning into bigger disagreements."
The same goes for litter picking, or perhaps pressure washing the drive. If you're already there doing the job, and know you won't cause any adverse affects, your efforts will almost always be appreciated.
5. Discuss building work, however small
When you share a driveway with a neighbour and either of you is planning building work, communication is key. My newest neighbour carried out a small extension that encroached into her parking space. The finished extension has done nothing to affect our shared access, and she was careful to ensure a new window didn't compromise our privacy.
"If you or your neighbour is planning an extension, check the plans carefully and speak to each other beforehand, particularly if the work could affect access to garages, parking or privacy," says Sandra. "Even if planning permission isn’t required, it’s considerate to let your neighbours know what’s happening.
“If you’re the neighbour affected, don’t be afraid to raise concerns early. For example, if new windows would overlook your property, you could ask whether they could be repositioned or fitted with obscured glass. It’s much better to have an open conversation than allow frustrations to build."
“Think about the construction work itself, too," adds Sandra. "Scaffolding, deliveries and building materials can obstruct a shared driveway, so discuss access arrangements in advance. Sometimes, agreeing to a temporary restriction can help the work finish more quickly, and speaking directly to the builders can often lead to practical solutions."
6. Renovate the drive together
My neighbour and I are lucky that we have similar tastes, and are currently planning a driveway makeover with pamments and gravel, sharing the cost. However, the biggest shared driveway horror stories usually involve disagreements over the look and maintenance of the drive, often with one neighbour putting a fence up or growing a hedge between properties.
"For example, one neighbour might own two-thirds of the driveway and assume they can put up a fence or hedge along that boundary, without realising that their neighbour may have a right of access over the entire space," says Sandra.
"Rather than putting up physical boundaries that could restrict access or create tension, I’d encourage neighbours to talk about how they want the shared driveway to look. Whether it’s adding plants, tidying up the edges or sharing the cost of resurfacing the drive."
It's not a good idea to book a contractor over your neighbour's head. "Involve them in choosing the contractor so you both feel part of the project," says Paula Higgins, chief executive at HomeOwners Alliance. "Agree the work, materials, drainage, timing and costs in writing, and be clear about how everyone will access their home while work is underway.
"Also, distinguish necessary repairs from improvements you would simply prefer," adds Paula. "Don’t assume your neighbour must help pay for a more expensive finish. Check with the council whether planning permission or highways consent is needed, particularly if you’re changing drainage or access onto the road. There are no separate driveway building regulations for a shared driveway, but the council may consider its width, visibility, the number of homes served and whether vehicles can enter and leave safely."
Paula is CEO and founder of HomeOwners Alliance, one of Britain’s most popular property advice websites. The organisation exists to restore trust in home ownership by campaigning for policies and industry practices that deliver a better deal for homeowners and aspiring owners. Paula provides leadership and strategic vision, has built a strong team, and is a respected media commentator and advocate for homeowners. She is also a board member of the Leasehold Advisory Service and the Shared Ownership Council. Paula Higgins is also award winning, most recently as Property Commentator of the Year and Consumer Champion of the year.
Q&A
What should I do if there's a dispute over my shared driveway?
If you end up involved in a neighbour dispute, “start with a conversation, not a claim form," says Shinead Wilson. "Most driveway rows are about parking, gates or obstructions, and most are cheaper to solve by being reasonable and having a conversation."
If direct discussion fails, establish who owns the driveway, what rights each property has and what the documents actually say about its use. "If the position is unclear to you, ask a solicitor to advise you who owns what and what rights each party has over the driveway," says Patrick Ansell, legal head of litigation at Taylor Rose. “Meanwhile, keep a clear record of the problem, including relevant correspondence and photographs where appropriate."
"Mediation is then often the sensible next step as it is quicker, cheaper, and less corrosive to a relationship that you may have to live alongside for years," suggests Shinead.
"If it comes to the law, the key test is whether the interference is substantial: there is no claim if you can still use the driveway 'as conveniently after as before the obstruction'.
"A single gate may be fine; three gates in under 100 metres has been held to go too far, and parking is usually only a problem if it actually blocks the right of way," she adds. "Interference of a substantial kind is treated as a private nuisance, which is what gives you a right to sue."
Can I change the rights over a shared driveway?
Yes you can. But, as a rule, only by agreement, and only once properly documented. You cannot simply rewrite the arrangement to suit yourself.
"To release or vary an easement so that it takes effect in law, the parties should use a deed," explains Shinead Wilson. "If the land that benefits from the right has since been split into several plots, every plot owner must join the deed for the change to bite.
"A looser arrangement, for example, a letter or an informal understanding, is risky: to have any effect in equity it must at least be in writing, and an oral or informal agreement will not bind a future buyer who knew nothing about it," she warns. "Once the change is agreed, entries on the titles at HM Land Registry should be updated to match."
“What you cannot do is change the position unilaterally," she adds. "A landowner who simply offers an alternative, equally convenient route does not thereby extinguish the original right, nor can the owner of the driveway build over it or block it in a way that substantially obstructs the right, unless that power was expressly reserved.
"And a right is not lost merely because nobody has used it for years: abandonment requires a fixed intention never to use it again. In one case, even 175 years of non-use was not enough,” she notes.
How do shared driveways work on new-build estates?
"Arrangements can be more complicated on a new-build estate, where a shared driveway may belong to individual homeowners, the developer or a management company," explains Paula Higgins. "Check the title documents and transfer deed to establish ownership, access issues and parking rights, and who is responsible for maintenance."
"That maintenance may be paid for through an estate management charge, even if your house is freehold. But don’t assume that charge covers your particular driveway: some shared drives remain the responsibility of the households they serve."
Will a shared driveway devalue a property?
To answer that, we spoke to Robin Edwards. "Shared driveways can certainly put buyers off, although much depends on the layout, the legal arrangements and the neighbours," he says.
"In my experience, buyers are generally wary of anything that requires relying on a neighbour's cooperation," Robin continues. "The biggest concerns tend to be disputes over parking, blocked access and disagreements about who pays for any maintenance or repairs. Even something as simple as a neighbour regularly leaving their bins in the wrong place can easily become a source of frustration."
That said, Robin assured me that a shared driveway isn't necessarily a dealbreaker. "They can provide valuable off-street parking, particularly in urban areas where space is at a premium, and sharing maintenance costs can also be an advantage, provided everyone agrees on their responsibilities," he says.
How can I make a shared driveway palatable to buyers?
Start by making sure the driveway is well presented, with bins arranged in an orderly fashion, cars parked neatly and stay on top of all maintenance.
"From a resale perspective, a poorly arranged shared driveway can absolutely affect a property's value and marketability," says Robin Edwards. "Buyers don't like the prospect of inheriting someone else's neighbour dispute, and any existing disagreements can really complicate a sale."
"Conversely where the arrangements are straightforward, properly documented and work well in practice, there's little reason why a shared driveway should be a major concern."
For more help on getting any driveway design right, whether it's shared or single, see the advice in choosing driveway materials, and if you opt for gravel, find out the best ways to stop it moving.
