Welcome to the
world of shared drives.
He can do what he
likes to his drive as indeed you can do what you like to your drive, provided
it does not substantially obstructed or interfere with your use of it.
You cannot make
him pay money to repair the drive even though he may be obliged to do so in the
deeds unless the property is either leasehold and if there is a requirement in
the lease or the property is freehold and there is a covenant entered into by
each of the owners, including this one, to repair and maintain the drive.
The deeds will
refer to a covenant to observe and perform the covenants in the deeds.
There is a
doctrine of mutual benefit and burden, which means that everyone who uses a
facility and has the benefit of that use, also has the burden of maintaining it.
The problem in
this situation is the standard to which it is maintained.
If he thinks that
he is not liable for anyone who injures themselves on his drive he needs to
change is a lawyer, do a bit more reading or get some better law books. The man
is an idiot.
However, as I
said earlier, you cannot make him repair the drive on his side if he does not
want to and if he likes it as it is. He is liable if anybody injures themselves
on his half of the drive which he has failed to maintain.
Does that answer
the question.? Can I assist any further?
I am happy to
follow up any individual point you make
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