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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We are one of five households who use a shared drive. In the

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We are one of five households who use a shared drive. In the deeds of each hose it states that the occupiers are responsible for the upkeep thereof. All five wanted it resurfacing (costing between £12000 &£15000) four of us agree the cost should be split equally, the fifth says she does not want to pay anything. Can the four of us have the work done then take her to court to recoup the one fifth of the cost which she should have paid?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Customer: replied 2 years ago.

I can wait, but I would have thought that it was a fairly straightforward matter. How long do you think it will take to get an answer please? David.

Customer: replied 2 years ago.
Relist: Other.
Is there some problem with this question, I would have thought an answer could have been provided by now. Does it come under Halsall v Brizell (1957)?
Expert:  Nicola-mod replied 2 years ago.
Hello,
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Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I have just seen your question and am answering it straight away.

As the deeds state that each occupier is responsible for the upkeep of the shared drive, the 4 of you who agree to split the cost may get the work done and take legal proceedings against the 1 who is not agreeing to pay for their share of the upkeep to the drive.

However, please note that the key obligation is for "upkeep", not "bettering" the drive, so if you take your neighbour to court, you will need to show that the work was for upkeep of the drive and not improvement.

It may also be cheaper for the 4 of you to share the cost of the 1 who does not agree rather than taking legal action, particularly if you will engage a solicitor.

Hope this helps

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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Customer: replied 2 years ago.

Thank you for your reply, most helpful. Would it really cost over £1000 to take her to the Small Claims Court? Or is that not appropriate?

I was hoping that the threat of Court action would change her mind, It is not as though she cannot afford it, the family run the biggest Funeral Directors outfit in Chesterfield.. The reasons she gives for refusal are that as her mother is the only person who lives there, and she is 93, they don't use the roadway and her mother is not likely to be there much longer! This ignores the fact that they have lived there for thirty odd years and are probably responsible for most of the damage that needs repairing. She is also ignoring the fact that the carers who look after her mother have already complained about the state of the road.

We have also explained that if, when her mother does die, she wants to sell the house it will sell more easily and for a better price if the roadway is in good condition.

Expert:  UKSolicitorJA replied 2 years ago.
If you engage a lawyer, the legal costs can easily run up as opposed to doing it yourself.

Hopefully she sees common sense and a letter from a solicitor reminding her of her obligations to pay for upkeep may help to get her pay her share.

All the best
Customer: replied 2 years ago.

Thank you, ***** ***** very sensible, I shall include the replies from JA in my next (& only) letter to her.

Lets hope she sees sense!
Regards, David.