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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10731
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If two separate owners of two separate properties share a driveway

Customer Question

If two separate owners of two separate properties share a driveway onto their properties can just one of the owners give permission for others to use the driveway to access another property?

Thank you
Submitted: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 years ago.

Hi there,

On the basis that each of the 2 owners own half of the driveway each, the Deeds will show that each of them is granting the other a right of way over their half.

As this is a right personal to the 2 properties (the rights in the Deeds attach to the property as opposed to the individual), one of the parties can not therefore grant a right of way to a third party, to use the shared access. Both parties would have to join in and grant this third party such a right.

I hope this makes sense, but let me know if you require any further clarification.

Kind Regards