Shared Drive, Query

novaboy80

Hi folks, I own a house which was left to me by my uncle and some land also, I have a cousin who lives in a house he built some ten years ago in a plot of land he purchased from my uncle, this house is situated behind my house so we share a drive which passes through my property, he had asphalt done on his section of the drive 2 years ago, my wife and I are going doing extensive renovations to the house in the future and we would like their driveway gone as it comes right up the middle of my land, effectively splitting in two my land. We want a drive which will be put at the very end of my land and forks off into their land and connects up to their asphalt out the front of their house, the other fork will proceed into my land and up to my house, all sounds fine but for the part of basically destroying their existing asphalt drive so my land won't be split in two anymore.
My question is, since they paid for that asphalt drive which is to be removed and replaced at the end of my land, who is responsible for costs incurred, they will most likely want me to pay for their new drive? What if they object to the whole idea, who owns that shared drive at the end of the day? Thanks in advance.

Metric Tensor

It depends on the legal status.

If they have a legal "Right of Way" down the middle of your site you have to get their agreement to move it elsewhere or else it will have to stay there. It will be marked on your folio map as a yellow band. If they do not have that they may still have a claim on the land based on established usage (you will need to consult a solicitor about this).

At any rate - if they have a right of way - which seems quite likely you will need their permission to move it and if I was them I'd be asking you to pay for a new driveway as a pay back to allowing the right of way to be moved to the side!

If they don't have a defined right of way then it's a sh!tstorm in the making!!!!

There will be professional costs too - you will each need a solicitor to sort the paperwork out and at least one engineer or surveyor will be required to do the mapping.

Sorry to be the bearer of bad news!!!

novaboy80

Metric Tensor wrote: »

It depends on the legal status.

If they have a legal "Right of Way" down the middle of your site you have to get their agreement to move it elsewhere or else it will have to stay there. It will be marked on your folio map as a yellow band. If they do not have that they may still have a claim on the land based on established usage (you will need to consult a solicitor about this).

At any rate - if they have a right of way - which seems quite likely you will need their permission to move it and if I was them I'd be asking you to pay for a new driveway as a pay back to allowing the right of way to be moved to the side!

If they don't have a defined right of way then it's a sh!tstorm in the making!!!!

There will be professional costs too - you will each need a solicitor to sort the paperwork out and at least one engineer or surveyor will be required to do the mapping.

Sorry to be the bearer of bad news!!!

Thank you for your reply, can you tell me what website to visit to view the folio? Also, what, besides the folio number will I need to log in? Thanks

cruizer101

Was the driveway already there when you gained ownership or was it put in since.

Have you talked to them about it at all, far easier and cheaper in terms of having to get solicitor and that involved if you could have a chat and agree an outcome.

SmartinMartin

https://www.landdirect.ie/ Sign in as a guest and zoom in to your property. If there's an established right of way the driveway will be covered by a yellow line.

Metric Tensor

As per above - however there are some rights of way that don't show up on it but exist so you will still need to order a copy of the folio with all rights and easements marked to be sure.

Also as above - it would be best to talk to them and agree in advance but whatever agreement is made should be put on paper ... For which you will need a solicitor and an engineer/surveyor.