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If you wish to a gate, wall or fence anywhere along the perimeter or at either end of the shared driveway, you should gain permission from your neighbour.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time.
Generally, a shared driveway is owned by all parties with the section of the driveway a party uses owned by them. However, the maintenance of the entire driveway area should be shared between all parties.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
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Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right. When seeking an injunction it is important that you act quickly.
First, arrange for a local towing company to take away cars. Some will even give you a free sign that says something like: VEHICLES PARKING IN THIS DRIVEWAY WITHOUT PERMISSION OF THE PROPERTY OWNER WILL BE TOWED AWAY.
The easement belongs to the person rather than the land, so if the land owner sells the land or easement owner passes away the easement expires. An affirmative easement, also known as a positive easement, grants permission for land to be used for a specific purpose.
Shared driveway rights All owners of shared driveways are legally obliged to be considerate and not block the driveway from other users. The exact terms related to a shared driveway should be set out within title deeds, with the aim to create fair usage and maintenance requirements.
Maintenance of the right of way The Highways Act makes provision for landowners to claim at least 25% of the cost of any replacement works from their local Highways Authority. Some authorities may also provide materials for the works or carry the works out themselves. Access to the right of way is also a requirement.